TERMS AND CONDITIONS
GENERAL CONDITIONS OF SALE
The purpose of these general terms and conditions of sale (hereinafter, "General Terms and Conditions") is to regulate the remote purchase of products and services made available, via the Internet, at the Venchi.com website (hereinafter, the "Site"), in compliance with Italian regulations laid down by Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The term "Buyer" refers to the legal person making a purchase under this contract.
The term "Supplier" refers to the legal person selling goods under this contract.
The goods and services covered by these general terms and conditions are offered for sale by Venchi SpA, with registered office in Castelletto Stura (CN), Via Venchi 1, Fiscal Code/ VAT number and Cuneo Chamber of Commerce no. IT05744670968.
By placing an order electronically, the Buyer declares that they have read and accepted the general terms and conditions and payment terms set out below. Therefore, when placing the order, they imply that that they are fully aware of the aforementioned conditions and their acceptance thereof.
2) SCOPE AND CONCLUSION OF THE CONTRACT
Under this contact, the Supplier and Buyer respectively agree to sell and purchase—through remote telematic tools—only the movable tangible goods available for sale on this website.
The contract between the Supplier and Buyer shall be concluded exclusively via the Internet. To submit a purchase order for the goods available for sale, the Buyer must access the Site and follow the instructions contained therein.
Venchi shall send the Buyer an email confirming the order, which will contain the order number, shipping and invoicing information, a list of the Goods ordered with their key characteristics and the total price, including any shipping costs incurred. The contract between Venchi and the Buyer shall be only be deemed concluded once the goods ordered have been shipped.
The sale agreement and order summary are drawn up in English, German, French and Italian. In the event of translation discrepancies, the Italian version shall prevail.
3) PAYMENT METHODS AND REFUNDS
The Supplier accepts major Credit Cards and PayPal as ways of paying for goods ordered.
Credit Card information is handled directly by our provider in accordance with PCI standards; PayPal information is handled directly by PayPal.
Any refund to the Buyer, if they are entitled to one, will be credited by cancelling the payment made by credit card or PayPal no later than 30 days after the date on which the Supplier became aware of their entitlement to a refund.
4) TERMS AND METHOD OF DELIVERY
The Supplier shall deliver the goods ordered via DHL or, where necessary, other couriers. Except in instances of force majeure or other unforeseeable circumstances, the Goods ordered shall be delivered in Italy within a maximum period of 5 (five) working days from the first working day after the day on which the Supplier confirmed the order to the Customer by way of email confirmation. From April to September, the Supplier does not dispatch orders on Fridays. For this reason, for orders prepared on a Friday, 1 (one) working day shall be added to the 5 days envisaged to deliver the goods. In the event that Supplier is unable to deliver the goods within the agreed terms, prompt notice shall be given to the Buyer via email specifying the period within which the order will be processed. Delivery times may vary depending on the country of destination and other reasons beyond the Supplier’s control or not attributable to them
For more information about Delivery times and Shipments, please refer to the "Shipments" section at the bottom of the web page (www.venchi.com).
5. SHIPPING AND DELIVERY COSTS
The Supplier ships on a DDP (Delivery Duty Paid) basis, so the goods will be delivered without any additional charges.
Before completing an order, the Buyer is able to use the drop-down menu on the payment page to determine whether or not goods can be shipped to their desired Country.
For more information, please refer to the "Shipping" section on the site.
All the sale prices of products listed and displayed on this site constitute an offer to the public pursuant to Art. 1336 of the Italian Civil Code, and include VAT and any other taxes. Shipping costs are calculated and specified during the purchasing stage before the Buyer pays for the order and are also listed on the summary page when the order has been placed. The prices shown, which correspond to each of the goods on offer, remain valid up to the moment an order is placed and are shown on the order summary page. It is understood that prices and terms may be changed by the Supplier at any time and, for the Buyer, the prices quoted on the order summary page shall apply.
7) PRODUCT AVAILABILITY
The Supplier shall ensure, through the telematic means used, that orders will be processed and fulfilled within the terms stipulated in the contract, except in instances of force majeure or other unforeseeable circumstances. If a product is not in stock, the Customer Service team will promptly notify the Buyer, providing instructions on how to proceed.
9) LIMITATION OF LIABILITY
The Supplier accepts no liability for disruptions caused by force majeure or for outages or malfunctions linked to the use of the Internet which are beyond its control or that of its subcontractors.
The Supplier shall not be liable to the Buyer except in the event of wilful misconduct or gross negligence.
Furthermore, the Supplier shall not be liable for any damage, losses or costs incurred by the Buyer as a result of non-performance of the contract for reasons not attributable to the Supplier, and the Buyer shall only be entitled to a full refund of the price paid.
The Supplier accepts no liability for any fraudulent or illegal use of credit cards by third parties when paying for goods purchased if they can prove that they have taken all the applicable precautions at the time of the transaction.
10) WARRANTY AND ASSISTANCE
The Supplier shall be liable for any ascertained product fault or defect attributable to them, provided that such fault or defect has been reported by way of a registered letter with return receipt sent to Venchi SpA, Via Venchi 1 12040 Castelletto Stura (CN), by fax to +39 0171791616 or by email via the contact form located at venchi.com/contacts within 8 (eight) days from the date of delivery, specifying the product lot number and the type of fault found.
11) BUYER OBLIGATIONS
The Buyer undertakes to pay the price of the goods purchased at the time and in the ways specified in the Contract.
12) CONTRACT STORAGE METHOD
Pursuant to Art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order placed with Venchi is kept in digital form on the server that hosts the site, in accordance with confidentiality and security standards.
13) COMMUNICATIONS AND COMPLAINTS
The Buyer may, within 8 (eight) working days of receiving the goods, report any problems by initiating the complaint procedure.
Written correspondence addressed to the Supplier and any complaints shall only be considered valid if sent to Venchi SpA, Via Venchi,1 - 12040 Castelletto Stura CN, or sent via the Site using the contact form in the "Contacts" section.
If goods are damaged or missing, i.e. there are obvious discrepancies between the goods purchased and those received, the Seller is entitled to request photographic evidence from the Buyer demonstrating the non-conformity of the products delivered. If, after the photographic evidence is verified, non-conformity is confirmed, the Supplier shall proceed to refund the exact amount paid by the Buyer to them. If the refund is partial and does not cover the entire order, any delivery charges paid by the customer shall not be refunded.
It is at the discretion of the Supplier, should it be agreed with the Buyer, to propose dispatching the non-conforming goods again or propose issuing and sending a discount code to use on the Seller's website.
The Seller shall be entitled to reject a complaint in the following instances:
- the delivery address (based on information provided by the Buyer at the time of purchase) is incorrect, incomplete or not feasible or there is no sign indicating the recipient's address visible to the courier (e.g. house number or name and surname on the doorbell). The delivery information entered by the Buyer and recorded at the time that the order is placed shall bind the Buyer. In the event that such delivery information is entered incorrectly, the Seller shall not be liable for any inability to deliver goods as a result of such an error. The Customer Service team will try to contact the Buyer (by electronic means only), who is obliged to respond within 24 hours;
- goods have not been delivered due to the recipient being absent. The Customer Service team will try to contact the Buyer (by electronic means only), who is obliged to respond within 24 hours;
- no photographs proving the state of the products have been provided after they were reported as non-conforming;
14) SETTLEMENT OF DISPUTES AND APPLICABLE LAW
The contract of sale between the Customer and Venchi S.p.a. is understood to be concluded in Italy and governed by Italian law. To settle disputes relating to the interpretation, execution or termination of these General Terms and Conditions or of individual purchase orders where the Customer is a consumer under the Italian Consumer Code, the Law Court of their town of residence or domicile shall have exclusive jurisdiction if located in Italy; in all other cases, the the Court of Cuneo shall have exclusive territorial jurisdiction, with all other competent courts excluded.
15) CONTRACT DURATION AND EFFECTIVENESS
When an order is confirmed, it is implied that the Buyer accepts these general terms and conditions, which may be updated or modified directly when new terms are published on this site. Updates or modifications shall be valid and effective for orders that have not yet been processed and for which the web page summarising the order information has not yet been displayed.
16) RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the contract concluded with the Supplier, without any penalty and without specifying the reason, within 14 days from the day that the goods purchased from www.venchi.com are received.
To withdraw from the contract, the Buyer may use the return form (pursuant to Article 49, paragraph 4 of the Italian Consumer Code); the form must be filled in and sent to the Seller by email to firstname.lastname@example.org. The Buyer may also write and send the Seller a declaration of their decision to withdraw from the contract.
After exercising their right of withdrawal, the Buyer shall return the goods to the Supplier within 14 days from the date on which they notified the seller of their decision to withdraw from the contract.
The Buyer shall bear any costs incurred to return the goods and shall be liable if the goods are lost or damaged in transit.
The right of withdrawal, in addition to compliance with the terms and conditions detailed above, shall be deemed properly exercised if the following conditions are met:
- The return form or other express declaration of the Buyer's intention to withdraw from the contract in accordance with these general terms and conditions of sale has been sent;
- Products must be returned undamaged and securely sealed in their original packaging.
If the right of withdrawal is exercised in the manner prescribed, the Supplier shall carry out the necessary checks regarding the conformity of the products returned and shall refund the amount due within 14 days from the date on which the Supplier has regained possession of the goods;
The Supplier shall credit the refund via the same payment method used by the Buyer to purchase the goods returned, unless otherwise agreed between the parties.
If the terms and conditions for exercising the right of withdrawal are not complied with, the Buyer shall not be entitled to a refund of the amount already paid to the Supplier.
This right applies to the purchased Product in its entirety; therefore, if the Product consists of several components or parts, it is not possible to exercise the right of withdrawal for part of the purchased Product.
In addition to the instances mentioned above (non-consumer customer and/or customer requesting an invoice), the right of withdrawal does not apply, in accordance with Article 59 of Legislative Decree 21/2014, in the following cases:
- orders with Products that are bespoke or clearly personalised;
- orders with Products that may rapidly deteriorate or expire;
- orders with sealed Products that cannot be returned for hygiene or health-protection reasons, or that have been opened after being delivered.
With regard to the aforementioned instances in which withdrawal does not apply, the Buyer, in particular, is informed and accepts that Products that "may rapidly deteriorate or expire" include all food Products (including wines, spirits and beverages) as the characteristics and qualities of these types of Products may be altered if inappropriately stored. Therefore, for hygiene reasons and to protect Buyers, the right of withdrawal is only applicable to Products purchased on the Site that can be returned to the Supplier and then resold by the Supplier without endangering the health and well-being of consumers.
In instances where the right of withdrawal does not apply, the Supplier shall return the purchased Products to the Buyer and the Buyer will be charged for shipping costs.
If the order that the Buyer wishes to return includes free products (i.e. the order was placed during a promotional campaign when certain products were included for free), the Buyer must also return the free product. The free product must also be returned in the conditions described above.
- pursuant to Article 49(1)(h) -
Dear Venchi SpA,
Via Venchi 1, Castelletto Stura (CN)
- I/We _________________________________________ hereby give notice of withdrawal from my/our contract of sale
for the following goods/services ________________________________________
- Ordered on ____________ /received on _____________
- Name of consumer(s) _______________________________________
- Address of consumer(s) _____________________________________
- Signature of the consumer(s) (only applicable if this form is submitted in paper)
17) PRODUCT INFORMATION
Information and characteristics relating to the Products on offer are available, via the relevant Product codes, on the Site.
Generally speaking, the Products on the Site are visually depicted in photographic images accompanying the description. It is understood that images of the Products are used solely for the purpose of presenting them for sale. These may not provide a perfect representation of their characteristics and qualities, and may differ in terms of colour, size and decorative features (such as, for example, ribbons and labels). In the event of discrepancies between the picture and the product description, the product description shall always prevail.
By completing a purchase online, the Buyer declares that they have read the ingredients and allergen information.
18) FREE PRODUCTS
The Supplier may organise promotional initiatives during which free products are offered as a reward for purchasing. These free-product offers are valid while the products are available in stock and are subject to the purchase limits detailed at www.venchi.com. It is not possible to replace any products that the Buyer receives for free.
19) INVOICING OF PRODUCTS
If the Customer wishes to receive an invoice, they must tick the relevant box during the order process and enter the invoicing information required. The invoice will be sent in accordance with current legislation. The Buyer is responsible for entering the invoicing information correctly and is expressly informed that, if an invoice is not requested when placing an order, it may not be requested at a later stage.