1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of "RISTOSANO HOME" branded products (hereinafter "Products" or in the singular "Product") carried out through the e-commerce site (hereinafter the "Site") by users who qualify as "Consumers" in accordance with Article 1.2 below. The Site, owned by General Beverage S.r.l., with registered office in Milan, Galleria del Corso, No. 1, tax code, VAT number and registration number with the Companies' Register of Milan Monza Brianza and Lodi No. 00645690454 (hereinafter "Owner")
1.2. Purchases of Products made through the Site will see IO SANO as the parties as the seller (hereinafter the "Seller"), and the person who proceeds to purchase one or more Products for purposes not related to his or her own entrepreneurial, commercial, handicraft or professional activity, as the purchaser (hereinafter the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties").
1.3. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the e-mail address info@ristosanohome.com
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Terms shall apply but, notwithstanding the provisions herein:
- the purchaser will not be granted the right of withdrawal under Article 10;
- the purchaser will not be eligible for the warranty on the Products set forth in Article 8;
- purchaser shall not be accorded any other protections, if any, provided herein in favor of the Consumer that reflect or conform to mandatory statutory provisions;
- the contract of sale concluded between the Seller and the buyer shall be governed by Italian law.
1.7. Concurrently with the transmission of the purchase order, the Consumer agrees that confirmation of the information relating to the order placed and these Terms will be sent to him/her by e-mail to the address declared by him/her during registration on the Site or during the purchase process.
1.8. In order to make purchases through the Site, the Consumer must be of the age of majority (18 years) and have the capacity to act, which the Consumer claims to possess.
1.9. Any charges for Internet connection to the Site, including telephone charges, are the sole responsibility of the Consumer, according to the rates charged by the operator selected by the Consumer.
2.1. The Products are sold with the features described on the Site and in accordance with the Terms posted on the Site at the time the order is placed by the Consumer, to the exclusion of any other terms or conditions.
2.2. Seller reserves the right to change these Terms at any time, at its sole discretion, without the need to provide any notice to users of the Site. Any changes made will be effective as of the date they are posted on the Site and will apply only to sales completed on or after that date.
2.3. Prices, Products for sale on the Site and/or the characteristics of the same, may be subject to change without notice. Such variations shall operate only for orders not yet confirmed on the date of such variation. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Site can be accessed from anywhere in the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the states that are indicated on the Site.
3.1. The presentation of the Products on the Site, which is not binding on the Seller, is merely an invitation to the Consumer to make a contractual proposal to purchase and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding to the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the notice on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their own personal use. In addition, the Consumer will be asked to identify and correct any errors in their data entry.
3.3. The Consumer's purchase order shall be accepted by the Seller by sending to the Consumer, to the e-mail address declared by the latter to the Seller when registering with the Site or when transmitting the order if the Consumer is not registered with the Site, an e-mail confirming the order, which shall contain a link to the text of these Conditions, a summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at info@ristosanohome.com
3.4. Each contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by electronic mail.
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to execute the purchase of the Products placed in the cart, the Consumer will be asked to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide his or her data in order to complete the order and allow the contract to be finalized. If the data indicated in the order are different from those provided when registering on the Site, the Consumer will be asked to confirm his or her data (by way of example but not limited to: first name, last name, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he or she can be contacted for any communications relating to the purchase made. The Consumer shall display a summary of the order to be executed, the contents of which may be modified: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site and finally, through the "Insert Order" button, the Consumer shall be asked to confirm his order, which shall thus be definitively sent to the Seller and shall produce the effects described in paragraph 3.2. above of this contract. The Consumer will also be asked to choose the shipping method and payment method, from those available. If the Consumer decides for the immediate payment method (simultaneous with the purchase) by Nexi Circuit, PayPal or immediate bank transfer, he/she will be required to communicate the relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the general information provided by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If, in the course of the procedure of selection of Products on the Site referred to in Section 4.1 above, the Consumer finds that the price of one or more of the Products that he or she intends to select for subsequent purchase is manifestly lower than the price normally applied, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem occurring on the Site, he or she is requested not to complete his or her purchase order and to report said technical error to the Seller's Customer Service Department by sending an e-mail to the e-mail address info@ristosanohome.com
4.3. With reference to certain Products presented on the Site, where expressly indicated in the relevant information sheet, the Consumer shall only have the opportunity to perform a pre-order of the same as Products that are not available before the deadline indicated on the Site, which may even be more than 90 (ninety) days from the date of execution of the relevant order. If the Consumer intends in any case to purchase the Product not yet available by executing a pre-order, he/she may select the Product and add it to his/her cart, continuing the process of finalizing his/her order in the same manner as indicated in paragraph 4.1 above and authorizing, therefore, the full payment of his/her order, also with reference to the price of the Product not available. It is understood that up to the date of delivery of the Product in pre-order, the Consumer may notify the Seller of its withdrawal in relation to the Product in pre-order not yet received by the Consumer, following the procedure referred to in Article 10 below, and in this case the Seller shall refund to the Consumer the amounts paid by the latter; the procedure provided for in the aforementioned Article 10 shall remain in effect from the date of delivery of the Product in pre-order. Should the actual unavailability of the Product be longer than the term indicated in the relevant information sheet on the Site, the Seller shall provide written notice to the Consumer and, if requested by the latter, shall refund the amounts already paid by the Consumer for the payment of the Product. By selecting and purchasing a Product in "pre-order", thus indicated on the Site as "unavailable", the Consumer expressly acknowledges and accepts that (i) the same Product is not currently available and will be delivered only when it becomes available at the Seller's warehouse, (ii) the terms, if any, indicated on the Site with respect to the later availability of the Product are purely indicative and not binding for the Seller. In connection with orders that include a Product on pre-order, the Consumer may select only the following payment methods: Nexi circuit, Paypal and bank transfer.
5.1. The Site indicates the availability of the Products and delivery times of the Products, however, such information is to be considered indicative only and not binding on Seller.
5.2 The Seller undertakes to do everything within its power in order to respect the delivery times indicated on the Site and, in any case, to execute the delivery within a maximum time of 90 (ninety) days starting from the day following the day on which the Consumer has transmitted the order, except for the Products expressly indicated on the Site, in the relevant sheet, as "unavailable" or "pre-order", for which please refer to the provisions of paragraph 4 above3. and with respect to which it is specified that the aforementioned terms run exclusively from the moment of their actual availability at the Seller's warehouse. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall provide written notice to the Consumer and shall refund any sums already paid by the Consumer for the payment of the Product pursuant to paragraph 5.3 below. If the Consumer has chosen bank transfer as the method of payment, the delivery period shall commence upon receipt of the consideration by the Seller.
5.3. The shipment of the Products ordered by the Consumer shall take place in the mode selected by the Consumer, among those available and indicated on the Site at the time of sending the order. The Consumer undertakes to promptly and as soon as possible to check that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or their discrepancy from the order placed, in accordance with the procedure set forth in Article 8 below of these Conditions, failing which the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination manifestly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation".
6.1. The price of the Products is the price indicated on the Site at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated prior to the order confirmation sent by the Seller to the Consumer and that the same Consumer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay to the Seller the total price as stated in the order and in the order confirmation emailed by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reaffirmed in the order confirmation, including indirect taxes (if applicable) shall be net of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4 It shall be the sole responsibility of the Consumer, any and all additional costs, charges, taxes and/or levies that any given country may apply, in whatever capacity to the Products ordered under these Terms.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or fees referred to in paras. 6.3. and 6.4. above, at the time of placing an order with the Seller, shall not constitute cause for the termination of this contract and that the Consumer shall not in any way charge the said charges to the Seller.
7.1. The payment of the price of the Product(s) purchased through the Site shall be made within the essential term of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly agrees that the execution of the contract by the Seller shall commence when the price of the Product(s) purchased is credited to the Seller's bank account.
7.2. Payment may be made by Nexi circuit credit card, PayPal, bank transfer and cash on delivery under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card data will be communicated directly to NEXI or PAYPAL operator handling payments on behalf of the Seller. The transmitted data will be sent in a secure mode, by means of 128-bit SSL (SecureSocketLayer) encrypted data transfer. Such data are not accessible even for the Seller.
7.4. If the payment is made by bank transfer in favor of the Seller, the Consumer shall indicate the "Swift" and "IBAN" codes shown in the order confirmation, as well as the order number.
7.5. The Seller shall promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree No. 206/2005 (hereinafter the "Consumer Code"), the Seller warrants to the Consumer that the Products will be free from defects in design and material as well as conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty in the event of use or washing of the Product that does not conform to the Product's own use or washing and to the instructions/warnings in this regard provided by the Seller and/or the Owner, or shown in the illustrative reference documentation, is excluded. The Seller further warrants that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily found in a good of the same type.
8.2. The Consumer may report any defects and non-conformities by sending an e-mail to the Seller's Customer Service at info@ristosanohome.com, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt). The action aimed at asserting defects not maliciously concealed by the Seller shall in any case be prescribed within the term of twenty-six months from the delivery of the Products to the Consumer.
8.3. Following receipt of the form and the relevant documentation, the Seller will assess the defects and non-conformities reported by the Consumer and, after having carried out the qualitative checks necessary to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with an acknowledgement, containing the "Return Code", by e-mail to the address provided by the latter during the process of registration on the Site or when transmitting the order. The authorization to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code", within 30 (thirty) days of the reporting of the defect or non-conformity, to the following address: IO SANO c/o GENERAL BEVERAGE - Zona Industriale Novoleto, 54027 Pontremoli (MS)
8.4. In the event of defects or non-conformities, the Consumer shall be entitled to the restoration of the conformity of the Product by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.
If the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It shall be the responsibility of the Consumer to notify the Seller, again by e-mail at info@ristosanohome.com of the bank details for making the transfer in his favor and for the Seller to be put in a position to be able to return the amount due.
9.1. With regard to any damage caused by defects in the Products, the provisions of the Consumer Code shall apply. The Seller, in its capacity as distributor of the Products through the Site, releases itself from any liability, none excluded and/or excepted, by indicating, upon request of the damaged Consumer, the identity and domicile of the relevant manufacturer.
10.1 Without prejudice to the exceptions set forth in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from when (i) the Product has been delivered or (ii) in the case of the purchase of several Products delivered separately in a single order, the last Product has been delivered.
10.2 In order to exercise the right of withdrawal, the Consumer , prior to the expiry of the period referred to in point 10.1 above, must access the "My Returns" page from My Account or, if not registered to the site, by accessing the dedicated page and entering the order number and the e-mail with which he/she made the purchase. Alternatively, the Consumer may send an explicit statement via the contact form or to the e-mail address info@ristosanohome.com of their decision to withdraw using the attached model withdrawal form.
10.3 Following the provisions of point 10.2 above, the Consumer will receive an email confirming the exercise of withdrawal, containing, if he has meanwhile already received the ordered product, the return form to be inserted in the package, and instructions on how to proceed with the return of the product, to be transmitted no later than the next 14 days to: IO SANO c/o GENERAL BEVERAGE - Zona Industriale Novoleto, 54027 Pontremoli (MS).
10.4 If the Consumer has received the product, he/she must return it to the above address without undue delay and, in any case, within 14 days from the day on which he/she communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiration of the 14-day period. The direct risks and costs of returning the goods, as well as the proof thereof, shall be borne by the Consumer. If the Consumer exercises his or her withdrawal through the site, he or she will be told before confirming the withdrawal request the cost of returning the goods if he or she wishes to use the return service offered by the site.
10.5 In the event of withdrawal, the Consumer shall be refunded the payments he/she has made, including delivery costs (with the exception of additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any event, no later than 14 days after the exercise of withdrawal. Said refunds shall be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs arising from the different means of payment shall be borne by the Consumer. Refunds may be suspended until receipt of the goods or until the Consumer demonstrates that he or she has returned the goods, whichever is earlier.
10.6 The Consumer shall be liable for any diminution in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged ((e.g. opened boxes, opened product sachets, significantly deformed outer packaging, etc.), not complete with all their elements and accessories (including labels the Consumer shall be liable for the patrimonial decrease in the value of the goods, and shall be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is asked not to handle the good beyond what is strictly necessary to establish the nature, characteristics and operation of the same and to cover the original wrapping of the Products with other protective packaging that preserves its integrity and protects it during transport also from writing or labels. In addition, the property so returned, in order to recognize the refund, must contain all the cases and related sachetsfatta save for the possibility of a maximum consumption of 3 sachets of product on the total package.
11.1. The Consumer declares that he/she is informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of IO SANO and/or its assignees, without any right to the same being derived by the Consumer from access to the Site and/or the purchase of the Products.
11.2. The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of IO SANO.
12.1. In order to proceed with the registration, the placing of the order and thus the conclusion of the contract on the basis of these Conditions, certain personal data are requested through the Site from the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller IO SANO in accordance with and in compliance with European legislation Reg EU 679/2016 and Italian law D. Lgs. n. 196/2003 to execute each purchase made through the Site and, subject to its consent, for any further activities as indicated in the privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer represents and warrants that the information provided to the Seller during the registration and purchase process is correct and true.
12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
12.4. For any further information on how the Consumer's personal data is processed, please access the Privacy Policy section as well as carefully read the General Conditions of Use.
13.1 Although the Seller shall take measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (logged in), cannot be accessed or viewed by unauthorized third parties.
13.2. The Seller, with respect to credit card payment data uses the services of the company NEXI / PAYPAL which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14.1. Any contract of sale concluded between the Seller and the Consumers pursuant to these Conditions shall be governed by and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce. In any case, the rights that may be attributed to Consumers by mandatory provisions of law in force in the State of the latter shall be unaffected.
14.2. In the case of disputes between the Seller and a Consumer, we guarantee as of now our participation in an attempt at friendly conciliation that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and safe way over the Internet. For more information on ResolviOnline's regulations or to submit a request for conciliation, log on to www.risolvionline.com.
14.3 As an alternative to the conciliation attempt referred to in 14.2 above, the Consumer also has the option to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and operated by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a list available there. For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be provided in the European ODR Platform is: info@ristosanohome.com.
14.4 If the attempt at conciliation referred to in 14.2 or 14.3 above is not adhered to or such attempt is unsuccessful, the dispute shall be referred to the court of the place of residence or domicile of the Consumer.