GENERAL TERMS AND CONDITIONS OF SALE, IN FORCE FROM 01/10/2021
The present information is provided for the website www.kauss.it (SITE) owned by QEBERE SRL Società Agricola with head office in Piasco (CN) Via Costigliole 2/a and VAT number 03438990040 (SELLER).
ART. 1. SCOPE OF APPLICATION
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (articles 45 and following) of the Legislative Decree of 6 September 2005, no. 206 (Consumer Code) and by the Legislative Decree of 9 April 2003, no. 70, containing the discipline of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not govern the sale of products and/or services by parties other than the Vendor that may be present on the Site through links, banners or other hypertext links. Before entering into commercial transactions with such entities, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not control and/or monitor the websites that can be consulted via these links. The Seller is therefore not responsible for the content of such websites or for any errors and/or omissions and/or violations of law on the part of such websites.
1.6 You must carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Site.
1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.
ART. 2. PURCHASES ON THE WEBSITE
2.1 The purchase on the Site
– permitted to users who are consumers. Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code we remind you that the quality of consumer is the natural person who acts for purposes unrelated to the entrepreneurial, commercial, professional or craft activity eventually carried out.
2.2 The Seller reserves the right to refuse or cancel orders that come from
– from a user who has previously breached the General Terms and Conditions of Sale
2.3 Before purchasing any food product offered for sale on the Site, please inform the Seller if you have any food allergy, intolerance or food intolerance. If you fail to do so, the Seller shall not be liable in any way for any damage that you may suffer from the purchase of food products on the Site.
ART. 3. REGISTRATION TO THE SITE (OPTIONAL)
3.1 In order to register to the Site you must fill out the appropriate form, entering the following data:
– first name
– email address.
3.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your credentials to access the Site.
3.3 The user registered to the Site guarantees that the personal information provided by him/her is complete and true and agrees to hold the Seller harmless and indemnified from any damage, obligation to pay compensation and/or sanction arising from and/or in any way connected to the violation by the user of the rules on registration to the Site or on the preservation of the registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to proceed to disable the user’s account.
ART. 4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, the Seller informs you that:
– in order to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site
– the contract is concluded when the order form is received by the Seller’s server
– once the order form has been received, the Seller shall send you an order confirmation to the email address you have provided containing:
◦ information on the characteristics of the purchase
an indication of the price
an indication of the means of payment used
an indication of the costs of delivery.
ART. 5. AVAILABILITY OF THE PRODUCTS
5.1 The Products offered on the Site are limited in number. Therefore, it may happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
5.2 The Site contains information on the availability of each Product.
5.3 You will be informed if the Product ordered is not available. In this case you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of Article 61, paragraphs IV and V, of the Consumer Code.
5.4 Alternatively, you may accept:
– if a restocking is possible, an extension of the delivery terms, offered by the Seller, with an indication of the new delivery term
– if no re-assortment is possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to the express acceptance of the user
– the Seller will offer a discount voucher to be used for purchases on the Site. The amount of the discount voucher, the period within which it can be used and any limitations will be communicated by the Seller from time to time.
5.5 In the event that you request a refund of the amount paid for the purchase of Products which are subsequently found to be unavailable, the Seller will make the refund within a maximum period of 15 days.
5.6 If you exercise the right to terminate the contract pursuant to article 61, paragraphs IV and V, of the Consumer Code, the contract will be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” below.
ART. 6. INFORMATION SHEET
6.1 Each product is accompanied by an information page that illustrates its main characteristics. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colours of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you to view them. In addition, the Product images in the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative.
ART. 7. PRICES
7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, provided that the price you will be charged will be the one indicated on the Site at the time you place your order and that no account will be taken of any variations (upwards or downwards) following the transmission of the order.
7.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to the transmission of the same.
ART. 8. PURCHASE ORDERS
8.1 The Seller will ship the Products only after receiving confirmation of the authorization to pay or the crediting of the Total Amount Due. The ownership of the Products will be transferred to you at the time of purchase.
The risk of loss of or damage to the Products for reasons not attributable to the Seller shall pass to you when you, or a third party designated by you other than the carrier, take physical possession of the Products. The risk of loss of or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.
The Service chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the Service if, after submitting your purchase order, it is established that you have not paid all or part of the Total Amount Due.
8.2 The purchase contract is terminated if you fail to pay the Total Due Amount. Unless otherwise agreed with you in writing, the order shall be cancelled accordingly.
8.3 In order to send a purchase order, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale shall make it impossible to make purchases on the Site.
ART. 9. METHODS OF PAYMENT
9.1 The following payment methods are allowed on the Site:
– Credit Card
9.2 The Seller accepts the credit cards of the main international circuits, by way of example:
– MasterCard (Cirrus Maestro)
– American Express
The charge will only be made once (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued a debit authorisation.
Confidential payment card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment service provider without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time of transmission of the order.
9.3 On the Site you can also make purchases through the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed between you and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to this account.
In the event of payment by PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the contract is concluded through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the amount of the reimbursement due to you will be credited to your PayPal account. The timing of the crediting to the payment instrument connected to such account depends exclusively on PayPal and the banking system. Once the crediting order has been placed in favour of such account, the Seller shall not be held liable for any delays or omissions in the crediting of the refund amount, in order to dispute such delays or omissions you must contact PayPal directly. Any refund to be made pursuant to these General Terms and Conditions of Sale shall be credited to your PayPal account.
ART. 10. DELIVERY OF PRODUCTS
10.1 There are no restrictions on delivery, except in the cases indicated on the Site and/or in the Product Sheet.
10.2 Delivery is subject to payment, except during special promotions when delivery is free. The amount of shipping costs charged to the customer may vary.
10.3 From the date the order is sent, the Products will be delivered within 5 working days and, in any case, within thirty days from the date of conclusion of the contract.
10.4 It is up to you to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller, is transferred when you, or a third party appointed by you and different from the carrier, materially take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.
10.5 You may collect the Product from a collection point, according to the options and methods available on the website and/or during the purchase process, provided that this method is available for the Product you have selected. You will be promptly notified when the Product is ready for collection at the collection point selected by you. You have 5 days from such notification to collect the Product from the collection point. Unless otherwise agreed, if you fail to fulfil this obligation, the purchase contract shall be deemed to be terminated, pursuant to and for the purposes of Article 1456 of the Italian Civil Code. As a result of the termination, the order shall be cancelled and the Seller shall proceed to refund the Total Amount Due paid by you, minus shipping costs. The mere failure to collect the Product shall not be construed as an exercise of the right of withdrawal, if any, and shall not entitle you to a full refund of the sums paid for the purchase of the Product.
ART. 11. RIGHT OF WITHDRAWAL
11.1 In the event of purchase on the Site, unless otherwise indicated, you do not have the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product(s) indicated in this article. In fact, on the Site are:
custom-made or clearly customised goods are sold.
11.2 If you are a consumer, you are entitled to withdraw from the contract for the purchase of the Product without having to provide any reason and without having to incur costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
a. in the case of a single Product Order, from the day on which you or a third party other than the carrier and designated by you acquire physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and nominated by you take physical possession of the last Product; or
c. in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party other than the carrier and nominated by you take physical possession of the last lot or piece.
11.3 In order to exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.
11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following manner
Subject: exercise of the right of withdrawal relating to order number xx of xx/xx/xxxx
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when notifying the Seller of your withdrawal.
11.5 If you exercise your right of withdrawal, you must deliver the Product to the registered office indicated at the beginning of these General Terms and Conditions of Sale.
11.6 The direct costs of returning the Products shall be borne by you, as well as the responsibility for their transportation.
11.7 If you withdraw from the contract, the Seller will proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument as was used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is the earlier.
11.8 You shall only be liable for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. The Product shall in any event be stored, handled and inspected with normal care. diligence and returned intact, complete in all its parts, fully functional, with all the accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and without signs of wear or dirt. Moreover, the withdrawal shall apply to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
11.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the amount of the refund an amount equal to such decrease in value. The Seller shall notify you of this circumstance and of the consequent reduction in the refund amount within 14 days of receipt of the Product, providing, if the refund has already been paid, the bank details for payment of the amount due by the user due to the reduction in the value of the Product.
11.10 In the event that the withdrawal is not exercised in accordance with the provisions of the applicable legislation, it shall not result in the termination of the contract and, consequently, shall not entitle the user to any refund. The Seller shall notify the user within 14 (working) days from receipt of the Product, rejecting the request for withdrawal. The Product shall remain at the Seller’s premises at your disposal for collection, which shall take place at your expense and under your responsibility.
11.11 In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be refunded to you shall be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed an order for a total amount of EUR 200.00, which includes two Products, the first of a value of EUR 50.00 and the second of a value of EUR 150.00, and you return the Product of a value of EUR 150.00, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of the delivery costs to be refunded shall never exceed the amount actually paid.
ART. 12. LEGAL WARRANTY
All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
TO WHOM IT APPLIES
The Legal Warranty is reserved to consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.
WHEN IT APPLIES
The Seller shall be liable to the consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless there is evidence to the contrary, any lack of conformity which becomes apparent within six months of delivery of the Product shall be presumed to have existed on that date, unless that such hypothesis is incompatible with the nature of the Product or with the nature of the conformity defect. As from the seventh month following the delivery of the Product, it shall be for the consumer to prove that the lack of conformity already existed at the time of the delivery of the Product.
In order to benefit from the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can attest to the date of the purchase (for example the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller shall refund the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller shall not be liable for damages, of any nature whatsoever, deriving from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages deriving from unforeseeable circumstances or force majeure.
ART. 13. APPLICABLE LAW AND COMPETENT COURT; OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION/ONLINE DISPUTE RESOLUTION
13.1 The purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
13.2 We remind you that in the case of consumer users, any dispute relating to the application, execution and interpretation of this document shall be settled by the court of the place where the user resides or has elected domicile.
13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it was nevertheless not possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Sales Conditions (ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not he/she intends to use such bodies to resolve the dispute.
13.4 The Seller also informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of the
ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he is involved.
13.5 The right of the consumer user to refer the dispute arising from these General Terms and Conditions of Sale to the competent ordinary judge, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, is in any case unaffected.
13.6 Users residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed Euro 2,000.00, excluding interest, fees and expenses. The text of the Regulation is available on the website www.eur-lex.europa.eu.
ART. 14. CUSTOMER SERVICE AND COMPLAINTS
It is possible to ask for information, send communications, request assistance or make complaints by contacting the Seller in the following ways
– by filling in and sending the form available on the Contacts page of the website www.kauss.it at the following link: https://kauss.it/contatti-kauss/
– by mail (by registered letter), writing to Birrificio Agricolo Kauss, Via Costigliole Saluzzo 2/a 12026 PIASCO (CN)
– by email, to the following address: email@example.com
– by phone, to the following number: +39 0175290442
The Seller shall respond to complaints made within 10 days of their receipt.