General Terms and Conditions
- Introduction and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, “General Terms and Conditions“) apply to the sale of products and services through the website www.cibocomevita.it (hereinafter, the “Website”) under the Italian law d.lgs 206/2005, Section I, chapter 3, part 3 (hereinafter, the “Consumer Code”).
The seller of the products and the owner of the Website is: Il Colle Doc S.r.l., with registered office in Viale della Repubblica 33, 50031 Barberino di Mugello (FI), VAT n. 06208160488 (hereinafter, “Il Colle”).
The customer who uses this Website to purchase products or services (hereinafter, the “Customer”) shall carefully read these General Terms and Conditions before completing the order. The General Terms and Conditions will be accessible at any time by the Customer, via the Website and through the link included in the confirmation email of each order.
Should the Customer require an invoice and/or in case he is not a “consumer or user” as defined by the Consumer Code, the provisions that under the Consumer Code apply only to “consumers” shall not apply.
The agreement entered into with Il Colle through this Website is governed by these General Terms and Conditions in accordance with the Italian law.
- Choosing and ordering the Products
The features and price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the product page.
Through the submission of the order on the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.
The agreement entered into between Il Colle and the Customer shall be considered binding as soon as the order is accepted by Il Colle. The acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with a basic description and the total price, including delivery charges. The Customer shall check the confirmation email and, in case he finds mistakes in the order, he shall contact the Customer Service within 12 hours from the receipt of such email. In order to contact the customer service he can use the special contact form accessible in the section “Contacts”. In case the 12 hours period mentioned above expires with no remark from the Customer, the order will be processed for shipment and change requests will no longer be accepted.
Upon receipt of the order, Il Colle will check the stock availability to fulfill it. In the event that one or more of the ordered Products should not be available, the Customer Service of Il Colle will timely send an email to the Customer who will have 12 hours to confirm or reject the shipment of the available Products. Should the Customer fail to reply within 12 hours from the receipt of the relevant notice from Il Colle, the order will be confirmed and the available Products will be dispatched. In this case, the full amount of the missing Products will be refunded or, depending on the chosen payment method, not charged to the Customer.
- Product information
The relevant Product information and features, as well as the Product identification codes, are available on the Website.
When available, the graphic representation of the Products on the Website will normally correspond to the photographic image shown together with the product description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not perfectly represent their characteristics and qualities. It may as well differ in color and size. In case of difference between the image and the Product description, the description shall prevail.
- Prices and shipping
Product prices are inclusive of all taxes and fees. All prices are in Euros.
Shipping charges may vary based on the Country of destination and the order weight. All shipping charges will be communicated to the Customer during checkout and prior to the purchase confirmation.
- Payment and billing
5.1 Payment methods
The Customer can pay the price of the Products and their delivery costs by Credit Card or PayPal.
- Credit Card
The Website accepts payments with the following Credit Cards:
Carta prepagata Paypal
In order to ensure the maximum data safety, the Customer shall carry out the payment transaction directly on the secure server hosted by Paypal, which acts as the payment gateway provider.
Paypal uses the SSL protocol to encrypt the transmitted data between its server and the Customer’s browser.
Once the order is confirmed, the Customer will be redirected to PayPal’s website where he can complete the payment with his account in compliance with the relevant conditions.
5.2 Invoicing of orders
If the purchase is made by a professional, it is possible to request an invoice by selecting the appropriate check box during the checkout and entering the relevant billing information, including tax code and/or VAT number. The invoice will be sent by email to the address provided. The professional is responsible of entering the billing data correctly and he is informed that if the invoice is not requested during checkout, it cannot be requested later.
- Transport and delivery
Products purchased on this Website will be delivered to the address communicated by the Customer during the checkout in the field “Shipping Information”.
All purchases will be delivered, from Monday to Friday, by an express courier (hereinafter, “Courier“). Deliveries will not take place during public and national holidays. Il Colle is not responsible for unforeseeable delays or for any cause of delay that is out of its will or could not be prevented with the due diligence.
Once the Products are shipped, the Customer will receive a confirmation email including a link to track the shipment.
However, without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 7 (seven) working days from the day following order confirmation, with the only exception of Norway, Switzerland and Liechtenstein, where the delivery time may be increased according to the different local customs clearance procedures
- Maximum weight per shipment: 100 Kg
- Shipping Countries: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, United Kingdom, Spain, Sweden.
- Active delivery services in UE Countries:
Shipments abroad may take place with different couriers depending on the destination Country in order to guarantee to the Customer the best available rate.
- Right of withdrawal
All the Products available for purchase on the Website can be qualified as “food” (including wines, spirits and beverages) and as such they are likely to deteriorate or expire rapidly.
Therefore, for reasons of hygiene and Customers’ protection, the Customer’s right to return the Products is excluded for any order placed on the Website.
The Customer is aware and agrees that all food Products (including wines, spirits and beverages) available on the Website “are likely to deteriorate or expire rapidly”.
- Warranty and Lack of Conformity
In case the Products delivered should not match those purchased, the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website in the “Contacts” section.
The sale of Products is subject to the legal warranties provided in the Consumer Code. In case of lack of conformity, the Customer can request to have the products exchanged or restored free of charge, provided the Products allow for it, or can request an appropriate reduction of the price. The Customer will loose the aforementioned rights should it fail to report the lack of conformity of the Product to Il Colle within two months from the date in which he discovered the fault, unless the Product is by its nature perishable or subject to expiry in a shorter term, in which case the defect shall be reported within that reduced time.
- Errors and limits of liability
Information provided through the Website and relating to the Products is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Il Colle may not be held responsible, without prejudice to any case of willful misconduct or negligence.
Il Colle will be entitled to correct any errors, inaccuracies or omissions after an order has been sent, or to change or update any information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
In case of lack of acceptance of an order or partial fulfillment of the same by Il Colle, the Customers will not be entitled to any refund of any damage he might have suffered in consequence of the missing acceptance or fulfillment of the order, except in case of willful misconduct or negligence.
Il Colle promotes responsible alcohol consumption and accepts no liability, except in case of willful misconduct or negligence, in the event of purchase made by minors of 16 years.
Any complaint shall be forwarded to Il Colle using the appropriate contact form accessible on the Website in the “Contacts” section, or by calling +39 […] (Mon-Fri 9.00 a.m.-5.00 p.m. CET, except holidays).
Il Colle is committed to reply to all requests received within a maximum of 7 working days.
- Applicable law and jurisdiction
The present agreement between the Customer and Il Colle is governed by the Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions, or individual purchase orders if the Customer is a consumer, the Court of his place of residence or domicile shall have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan.
If you haven’t already done so, please also read the General Terms and Conditions of cibocomevita.it containing relevant information on privacy and on the security systems used by the website.
cibocomevita.it is managed by Il Colle Doc S.r.l. with registered offices in Viale della Repubblica 33, 50031 Barberino di Mugello (FI), C.F/ P.I. 06208160488 (“IL COLLE”).
- Our Policy
Everyone has the right to protection of his/her personal data.
IL COLLE respects its users’ right to be informed regarding the collection of and other operations involving their personal data. In using data, that may directly or indirectly identify you personally, you will apply the principle of strict necessity.
For this reason, we have designed cibocomevita.it in such a way that the use of your personal data will be kept to a minimum and will not exceed the purposes for which your personal data was collected and/or processed; we do not process your personal data when we can provide you with services through the use of anonymous data (such as marketing research made for improving our services) or by other means which allow IL COLLE to identify you a part from when it is strictly necessary or upon request of the competent public authorities or the police (as, for example, in case of traffic data or your IP address).
IL COLLE determines the purposes and means for the processing your personal data, including security measures, as IL COLLE controls cibocomevita.it users’ personal data.
- Who Processes Your Personal Data
IL COLLE controls the use of cibocomevita.it users’ personal data; IL COLLE autonomously determines the purposes and means of use, including security measures, for the protection of personal data.
For organizational and operational purposes only, we might appointed certain entities that will also process personal data belonging to cibocomevita.it’s users, such purposes which are strictly connected to the performance of services on cibocomevita.it, including the sale of products.
The above mentioned processors have been chosen by IL COLLE because of their experience in processing personal data and they provide sufficient guarantees in respect of compliance with data processing law (including the technical security measures governing the processing to be carried out). In processing the personal data of cibocomevita.it’s users, the processors shall act only on instructions from IL COLLE. We regularly ensure that our processors comply with our instructions and that they provide sufficient guarantees on their full compliance with the provisions on personal data processing.
Some of the processors of your personal data are:
DHL, for purposes relevant to shipping and delivering products purchased on cibocomevita.it.
Please contact our Customer Care or send us an e-mail at firstname.lastname@example.org if you would like to receive a full list of our data processors.
- How Do We Use Personal Data and for What Purposes
Your personal data is collected and processed by IL COLLE, both as users and registered customers, for purposes which are strictly connected to the use of the website, its services and to the purchase of products on the website. However, your personal data may also be used for other processing operations within the limits of such purposes.
In particular, your personal data shall be processed for the following purposes:
- when you register with our website we collect your personal data (for example, your personal details, user ID and password, e-mail address) through the relevant registration form and we process the data in order to provide you with your requested services in reserved access areas of cibocomevita.it and in order to send you our newsletter, when specifically requested;
• when you require Customer Care services, we collect and process your personal data (for example, your user ID and password) for purposes strictly necessary to provide you with customer care services relevant to cibocomevita.it services and to assist in the purchasing of products on cibocomevita.it;
• when you are executing purchasing procedures for products sold on cibocomevita.it, we collect and process your personal data (such as, for example, personal details, e-mail address, address, credit card numbers, bank code, tax code and telephone number) on your order form only for the purpose of selling the products ordered by you;
• payments, including anti-fraud checks for credit card payments; in this case, the data provided during the order process (first name, surname, address, credit card number, delivery address if different from billing address) will be sent to the supervisor responsible for anti-fraud control, Paypal.com, located in the U.S., and will be processed strictly for that purpose (see also the section “Data supervisors”);
• when you require technical assistance, we collect your personal data in order to provide you with information on net-surfing, Internet browsing or viewing and downloading web pages;
Your personal data is mostly processed by electronic means and in some circumstances by paper-based means, when, for example, the processing of your personal data is required in order to prevent fraud against cibocomevita.it. Your personal data shall be stored in a way which allows IL COLLE to identify you for the period that is strictly necessary for the purposes for which the data was collected and subsequently processed and, in any case, in accordance with applicable law.
Please report any modification or amendment of your personal data to email@example.com in order to ensure that your personal data is always accurate and kept up-to-date and however adequate and not exceeding the purposes for which your personal data was collected and/or processed.
Your personal data shall not be disclosed to third parties for purposes which are not permitted by law or without your explicit consent.
Your personal data may only be disclosed to third parties when it is necessary in order to process an order. Your data may be disclosed to the police or to judicial authorities, according to law and upon a formal request by such entities, for example in the event IL COLLE needs to prevent fraud on cibocomevita.it (anti-fraud services). Data processors will also have access to your personal data, as stated in paragraph 2, for the specific purposes stated in the same paragraph. In all the above circumstances, your consent for data processing is not required.
Your personal data will not be transferred abroad to any countries, which do not ensure an adequate level of protection of individuals. Should the above be necessary in order to supply services or to execute a contract with IL COLLE for the purchase of products, the transfer of your personal data to such countries, shall be carried out only after the execution of specific contracts between IL COLLE and such entities, according to laws and applicable regulations.
We wish to inform you that IL COLLE shall process its users’ personal data for purposes that are strictly connected to the supply of services on cibocomevita.it, execution of contracts related to the sale and purchase of products on cibocomevita.it and, after receiving your consent, in order to send to you information on new commercial initiatives which are strictly connected to the website’s activities and services.
IL COLLE shall process your personal data for direct marketing purposes, also by e-mail, only after receiving your consent.
IL COLLE may have access to third parties’ personal data which was directly disclosed by its users to IL COLLE, for example when a user bought a product to be sent to a friend or when the user paying the purchase price of a product is different from the recipient of such product.
- What Happens if You Do Not Disclose Your Personal Data to IL COLLE
Your personal data supplied to IL COLLE (in particular, your personal details, your e-mail address, your address, your credit card numbers and bank code and your telephone number), are necessary for the processing of your order for the purchase of products on cibocomevita.it, to supply other services provided on the website upon your request, or when your personal data needed to carry out obligations arising out of applicable laws or regulations.
The refusal to provide IL COLLE with some of your personal data necessary for performing the above purposes, may consequently prevent IL COLLE from processing your order for the purchase of products sold on cibocomevita.it or from supplying other services provided on cibocomevita.it, as for example Customer Care services, to send the newsletter, to carry out the obligations arising out of laws and other regulations. Failing to provide data may imply, in some cases, a legitimate and justified reason for IL COLLE’s refusal to process your order for the purchase of products sold on cibocomevita.it or to provide services on cibocomevita.it.
Disclosure of further personal data to IL COLLE, other than that required in order to fulfill legal or contractual obligations, or in order to provide the services required, is, on the contrary, optional and does not have any effect on the use of the website and of its services or on the purchase of products on cibocomevita.it.
In some circumstances and if required, from time to time, we will duly inform you if personal data you are disclosing to IL COLLE is compulsory or optional. We will point out to you whether the disclosure of your data is compulsory or optional by marking with an appropriate font (*), the information that is compulsory or data which is needed required in order to provide the required services on cibocomevita.it and for the purchase of products on cibocomevita.it. Failing to disclose optional personal data will not imply any obligation or disadvantage to our users.
- To Whom Your Personal Data Will Be Disclosed
Personal data will be disclosed to third party companies which provide, on behalf of IL COLLE, specific services as Data Processors or to other recipients of personal data collected by IL COLLE, which autonomously process your personal data only for the performance of a contract for the purchase of products on cibocomevita.it (such as, for example, Paypal.com) and only when such purpose does not exceed the purposes for which your personal data was collected and subsequently processed and, in any case, according to applicable laws and regulations.
Personal data will not be disclosed to third parties or disseminated or transferred, without informing our users of such disclosure/dissemination/transfer and without their consent, when required by law.
- How Do We Collect Your Data on cibocomevita.it
When you are using cibocomevita.it, some personal data might be collected automatically (through the so-called “cookies”), for example, when we automatically collect users’ IP addresses and other information regarding the users’ data traffic or the users’ preferences in the choice of services provided on this website and of the products purchased through the provided services.
This information and data are collected directly and automatically by the website as part of its operational functions. This information and data are then processed in a collective and anonymous way for commercial purposes in order to optimize the services provided on cibocomevita.it for the needs and preferences of the website’s users.
In other circumstances, IL COLLE directly collects personal data and information from its users when they register on-line with cibocomevita.it or when they send purchase orders of products sold on the website in order to finalize e-commerce transactions.
IL COLLE reserves the right to eliminate all user accounts and their relevant information in the case of content that is illicit or damaging to IL COLLE’s image and/or of their products or third parties; data that promotes illegal or defamatory activities; pornographic content; content that induces violence or promotes racial, sexual, or religious discrimination.
- Security Measures
Nevertheless, IL COLLE cannot guarantee that the security measures adopted for the protection of the website and for data and information transmission on cibocomevita.it will prevent or exclude any risk of unauthorized access or of loss of data. It is advisable that your computer is provided with software devices for the protection of network data transmission/receipt (such as updated antivirus systems), and that your Internet services provider has taken appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).
cibocomevita.it uses automatic systems of data collection, such as cookies. A cookie is a device transmitted to the hard disk of an Internet user; it does not contain intelligible information but it allows linking between an Internet user to his/her personal information provided by the user on cibocomevita.it. Cookies are disseminated by our servers and no one may gain access to the information contained therein. Only IL COLLE processes information collected by cookies, in a collective and anonymous way, in order to optimize its services and its website for the needs and preferences of its users.
We have provided cookies in connection to functions such as browsing the catalogue, purchasing products on-line and supplying the services connected with user profiles.
As you know, each Internet browser allows the deletion of cookies after each session. Your Internet browser contains instructions on how to carry out these procedures of deletion. Please access the information on your Internet browser if you wish to delete cookies.
- Opt-in/Opt out
IL COLLE processes your personal data only after receiving your consent, freely expressed, in order to send you advertising material and direct marketing or other commercial communications which do not fall within the services provided by IL COLLE, also via e-mail, upon the user’s request (such as, for example, the transmission of the newsletter).
Each time your consent is required, we will inform you in advance and we will give you the option to either provide or refuse your consent for the use of your personal data, including your e-mail address, for the above purposes, by ticking the appropriate boxes.
We wish to inform you that law provides that your consent is not necessary and that IL COLLE may process your personal data without your consent when such processing is necessary for compliance with a legal obligation to which IL COLLE is subject; or such processing is necessary for processing an order with its users (such as, for example, if you purchased products on cibocomevita.it or if you asked to use specific services through our website).
In any case, we wish to inform you that IL COLLE ensures its users that, even when prior consent is not necessary, users may exercise, at any time, their right not to receive future communications connected to particular services upon request, such as for example the newsletter.
10. Your Right to Access Personal Data and Further Rights
You are entitled to obtain, at any time, confirmation from IL COLLE as to whether or not data relating to you is being processed, whether the data is not yet registered, and the communication in intelligible form of the data undergoing processing.
You are entitled to obtain at any time from IL COLLE:
- a) the updating, rectification or, when you have an interest in, the integration of your personal data;
b) the deletion, the transformation into an anonymous form or blocking of your personal data, (unlawful processed), including data which does not need to be stored for the purposes for which it has been collected and subsequently processed;
c) the confirmation that the operations under letters a) and b) have been reported, (together with the contents of the same), to whom the data was disclosed or disseminated, except when it becomes impossible or if it means exceeding the protection of the relevant right.
You are entitled to object, in all or in part:
- a) for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
b) to the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing researches or commercial communications.
You may freely and at any time exercise your rights, provided that you do so in compliance with applicable laws, by sending your request to IL COLLE at the following e-mail address firstname.lastname@example.org. We will reply to you in order to satisfy your request.
- Links to Other websites
cibocomevita.it may contain links to other websites which may have no connection with cibocomevita.it or with IL COLLE.
cibocomevita.it provides links to other websites exclusively to help its users in their searches and net-surfing activities and to allow links to other websites on the Internet. When IL COLLE provides links to other websites, IL COLLE does not recommend the use of these websites and does not provide any guarantees to their web content or to the services and products supplied and sold by these websites to Internet users.
If you wish to receive further information on how IL COLLE processes your personal data, please send an e-mail to the following e-mail address email@example.com.
13. Governing Law
The Italian Personal Data Protection Code guarantees that processing of personal data will be carried out in compliance with fundamental rights and freedom of individuals, as well as of their dignity, with particular reference to confidentiality, identity and to the right to personal data protection.