TERMS AND SALES CONDITIONS updated online on November 28th 2016
These conditions apply only between the company Anima & Sapori s.r.l.s, with registered office in Via Enrico Caruso, 29/31/33 – 70029 Santeramo in Colle (BA), REA BA-585670, P.IVA 07847610727, hereafter called “Anima & Sapori” and any person who purchases online on the internet website www.animaesapori.com, hereafter called “CLIENT”. These conditions can be modified and the date of publication on the website corresponds to the date of entry in force.
These conditions govern the purchases made on the website www.animaesapori.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code on e-commerce, Legislative Decree n. 206/2005, modified by the Legislative Decree n. 21/2014 and modified by the Legislative Decree 70/2003.
ARTICLE 1 – Object of the contract
With these general sales conditions, Anima & Sapori sells and the CLIENT purchases the products indicated and offered for sale on the website www.animaesapori.com. The contract comes into effect only through the internet network, by the CLIENT access to the website www.animaesapori.com and with a purchase order made according the website procedure.
The client, before confirming his order, undertakes to read these general sales conditions, in particular the pre-contractual information provided by Anima & Sapori and he agrees to it adding a flag in the indicated box.
In the order confirmation e-mail, the CLIENT receives also the link to download and to file a copy of these general sales conditions, in agreement with the article 51 paragraph 1 of the Legislative Decree 206/2005, modified by the Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer– art. 49 of the Legislative Decree 206/2005
The CLIENT before concluding the contract, views the characteristics of the goods illustrated in the single product sheets when he chooses it.
Before concluding the purchasing contract and before validate the order with the “advance payment obligation”, the CLIENT is informed regarding the following:
– total price of the goods including tax, delivery costs and any other costs;
– payment methods;
– the period within Anima & Sapori s.r.l.s. undertakes to deliver the good;
– conditions, terms and procedures to exercise the right of withdrawal (article 6) as well as its form, annex 1, part B of the Legislative Decree 21/2014;
– information that the consumer will have to bear the cost of returning the goods in case of withdrawal.
The CLIENT can any time and in any case before concluding the contract get to know about the information regarding Anima & Sapori, address, telephone number, fax number, email address, information detailed below:
Anima & Sapori s.r.l.s.
Registered office in Via Caruso, 29/31/33 – 70029 – Santeramo in Colle (BA) – PUGLIA – ITALIA
tel. +39 0808495594 – Fax +39 0808495594
ARTICLE 3 – Conclusion and contract validity
The sale contract is considered concluded when the CLIENT sends Anima & Sapori the order confirmation e-mail. The email contains the CLIENT’s data, the order number, the price of the purchased goods, the shipping costs, the address to which goods should be sent and the link to print and file the copy of these conditions.
The CLIENT undertakes to verify the correctness of the personal data contained in the email and to communicate promptly Anima & Sapori possible corrections.
Anima & Sapori undertakes to describe and shows the articles sold on the website in the best way possible. Nevertheless there could be some mistakes, imprecisions or small differences between the site and the real product. Moreover the product pictures shown on www.animaesapori.com do not represent any contract elements as they are only representative.
Anima & Sapori undertakes to deliver the goods within 30 days from the day the order confirmation e-mail has be sent to the CLIENT.
ARTICLE 4 – Product Availability
The product availability refers to the real availability at the time the CLIENT places the order. This availability should be considered only indicative because of the simultaneous presence on the website of many users, the products can be sold to other CLIENTS before the confirmation order.
Even after Anima & Sapori has be sent the order confirmation e-mail, there could be cases of partial or total unavailability of goods. In this case the order will be automatically modified by removing the unavailable product and the CLIENT will be immediately informed by e-mail.
If the CLIENT requests the order cancellation, terminating the contract, Anima & Sapori will refund the paid amount within 14 days from notice receipt by Anima & Sapori of the client decision to terminate the contract.
ARTICLE 5 – Payment methods
Every payment can be possible only through the credit cards indicated on our website www.animaesapori.com, with bank transfer and with the PayPal method.
In case of payment with PayPal or Credit Card, the actual debit will take place when Anima & Sapori will send the order confirmation e-mail.
Notices about the payment and CLIENT information given at the payment time take place on protected lines SSL certified by PayPal safety. The safety of the payment with Credit Card is guaranteed by PayPal certification.
In case of payment by bank transfer, the confirmation order and the shipping to the CLIENT will take place only when money will be credited to the bank account Anima & Sapori.
ARTICLE 6 – Prices
All the products prices indicated on the website www.animaesapori.com are in Euro and with VAT included.
Shipping costs are not included in the purchase price. They are indeed indicated and calculated at the purchasing time before making the payment.
The CLIENT agrees that Anima & Sapori can modify at any time the prices, however goods will be invoiced according the prices indicated on the website, at the time the order has been placed, and in the confirmation e-mail sent by Anima & Sapori to the CLIENT.
In case of computer, manual or other types of mistake that can implicate a real change of the public selling price, which can make it exorbitant or clearly insignificant, the purchase order will be considered invalid and cancelled; the amount paid by the CLIENT will be refunded within 14 days from the order cancellation day.
ARTICLE 7 – Right of withdrawal
The CLIENT has the right to withdraw from this contract within 14 days from the day of the products receipt without giving any reason.
In order to exercise the withdrawal right, CLIENT must inform Anima & Sapori of his decision to withdraw from this contract by an unequivocal statement, either with a letter sent by post, or a fax to the number +39 (0)808495594 or with an e-mail to firstname.lastname@example.org.
Client may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient to send a communication concerning the
exercise of the right of withdrawal before the withdrawal period has expired. The CLIENT can exercise the withdrawal right sending any statement containing the decision to withdraw or use the attached model withdrawal form, Attachment I, part B, Legislative Decree 21/2014 (not obligatory) with the following text:
Withdrawal form in accordance with art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
Anima & Sapori s.r.l.s., 29/31/33 – 70029 Santeramo in Colle (BA),
telephone: +39 0808495594– fax: +39 0808495594
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods
(*)/for the provision of the following service (*),
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
In case of exercise of the withdrawal, the CLIENT shall send back the goods within 14 days from the day on which he communicates Anima & Sapori the withdrawal decision in accordance with the art. 57 of the Legislative Decree 206/2005.
Goods should be sent to Anima & Sapori s.r.l.s., Via Enrico Caruso, 29, 70029 Santeramo in Colle (BA).
The returning goods costs are carried by the CLIENT. Goods should be returned intact not opened, in the orginal box not opened, with the potential seals intact, complete in all its parts (including packing materials) and with the annexed tax documentation. Without prejudice to the right of Anima & Sapori to verify the respect of the above conditions, it will refund the amount of the withdrawal products within a maximum time of 14 days, except the shipping costs carried by the CLIENT.
In accordance with the art. 56 paragraph 3 of the Legislative Decree 206/2005, modified by the Legislative Decree 21/2014, Anima & Sapori can suspend the refund until Anima & Sapori has received the goods back or the CLIENT has supplied evidence of having sent back the goods.
Anima & Sapori will carry out the refund using the same means of payment chosen by the CLIENT at the purchasing time. In case of payment done with bank transfer and if the CLIENT wishes to withdraw from the contact, should inform Anima & Sapori sending an email to email@example.com about bank details: IBAN, SWIFT, essential information for Anima & Sapori to make the refund.
ARTICLE 8 – Delivery methods
Anima & Sapori will accept only orders to be delivered in Italy and in the following European Countries:
Bulgaria – Czech Republic– Germany – Spain – Croatia – Cyprus – Luxembourg – Hungary – Austria – Portugal – Romania – Slovenia – Slovakia. The products will be delivered through a courier express to the address provided by the CLIENT at the order time within and not more than 30 days from the date the CLIENT receive the order confirmation e-mail sent by Anima & Sapori.
For all the orders purchased on the website www.animaesapori.com, Anima & Sapori issues a receipt of the shipped goods. Only on request there would be possible to issue an invoice, indicating all the data including VAT and tax code. The invoice will contain all the information provided by the CLIENT during the purchase process. After the invoice has been issued, it will not be possible to do any other changes to it.
ARTICLE 9 – ResponsabilIty
Anima & Sapori is not responsible for malfunctions due to unforeseeable circumstances, even if they depend on internet malfunctions, in cases where it is not possible to execute the order in the times foreseen by the contract.
ARTICLE 10 – Access to the Website
The CLIENT has the right to access to the website to consult it and to purchase orders. No other use, in particular commercial, of the website and of its content is permitted. The integrity of the elements of this website, either voiced or visual and the related used technology shall remain property of Anima & Sapori and they are protected by intellectual property right.
ARTICLE 11 – Cookies
The website www.animaesapori.com uses “cookies”. Cookies are electronic files which register information related to the website surfing of the CLIENT (consulted pages, date and time of consultation, etc.), and allow Anima & Sapori to offer a personalized service to its clients.
Anima & Sapori informs the Client of the possibility to disable those files, by accessing the configuration internet menu. It being understood that this do not allow the Client to proceed with the online purchase.
For more information please send an email to firstname.lastname@example.org
ARTICLE 12 – Final provisions
Should any provision of the Agreement of the present General Terms and Conditions be or become invalid, this shall not affect the validity of the rest of the contract. The relevant statutory provisions will apply in place of any invalid term.
ARTICLE 13 – Applicable law and jurisdiction
These general conditions are governed by the Italian Law.
Each controversy that does not find friendly solution will be subjected to the exclusive competence of the Court of the place of the legal seat of Anima & Sapori.
In any case, it is possible to optionally resort to the mediation procedures in accordance with the legislative decree 28/2010, for the resolution of possible controversies arisen in the interpretation and in the execution of the present sales conditions by entering the following website: https://webgate.ec.europa.eu/odr .