Terms and conditions

GENERAL TERMS OF USE OF THE MARKETPLACE

1. TERMS OF SALE

1.1 SUBJECT

  • 1.1.1 The present General terms of use of the marketplace regulate the distance marketing and sale of products through the platform http://ebotteghe.it (“Platform”), by the stores (“Vendors”) present on the said platform. The Platform eBotteghe.it and its manager are not party to the sales agreement between User and Vendor.
  • 1.1.2 Each Vendor offers and sells their own products on the Platform, in accordance with the terms and conditions reported in this document, committing to:
    • A. observing and applying the trading relationship established with the User through the Platform;
    • B. making the “General Terms of Use of the Marketplace” available before concluding the sales contract with the User;
    • C. with the backing of eBotteghe.it, providing the User with continued support after the conclusion of said sales agreement, in compliance with what is stated in the applicable law.
  • 1.1.3 With regard to Point B above, without prejudice to the extraneity of eBotteghe.it’s relation to the sales agreement and related contractual relationship established between Vendor and User after the purchase of a product on the Platform by the latter, eBotteghe.it pledges to send to the User the “General Terms of Use of the Marketplace”, by means of durable medium (i.e.: dedicated email), in accordance to what is stated in the applicable law with regard to electronic commerce.

1.2 RANGE OF APPLICATION AND CONCLUSION OF THE CONTRACT

  • 1.2.1 The Vendor is responsible for ensuring that the sales activities, products and services commercialised through the Platform comply with the applicable law, in particular to the regulations of the Consumer Code, Legislative Decree n. 14, 14th March 2014, where applicable, and in general to the whole regulation in the field of commerce, electronic commerce and distance selling, personal data protection etc. In the case of contrast between the “General Terms of Use of the Marketplace” and the applicable regulation, the latter will prevail where unavoidable and/or necessary for User protection.
  • 1.2.2 Each purchase transaction constitutes a distance contract regulated by Chapter 1 of Title III (articles 45 and following) of the Legislative Decree n. 206 (“Consumer Code”), 6th September 2005, and from the Legislative Decree n. 7, 9th April 2003, comprising the electronic commerce guidelines.
  • 1.2.3 The present “General Terms of Use of the Marketplace” are applicable to each sale carried out by a vendor through the Platform and are not applicable to sales of products and/or services taking place outside of the Platform. They are made available to Users on the Platform by clicking on the “General Terms of Use of the Marketplace” item. They can be modified at any time, and the possible changes will be in force from the moment of their publication and will not have a retroactive effect.
  • 1.2.4 Users are advised to access the Platform regularly and check the latest version of the present “General Terms of Use of the Marketplace” before making any purchases.
  • 1.2.5 The General Terms of Use of the Marketplace applicable are those in force on the date of submission of the purchase order.

1.3 ACCEPTANCE OF THE TERMS OF USE OF THE MARKETPLACE

  • 1.3.1 By confirming his/her order through electronic transmission, the User unconditionally accepts, and undertakes to respect, in their relationship with the Vendor, the present “General Terms of Use of the Marketplace” and the payment methods, declaring to have read and accepted all information that he/she was given in accordance with the regulations above mentioned, whilst acknowledging that the Vendor cannot operate under different conditions unless previously agreed in writing.
  • 1.3.2 The present “General Terms of Use of the Marketplace” must be read carefully and accepted by the User before confirming any order. Therefore, sending the order confirmation implies their total knowledge and full acceptance. The User agrees to and undertakes the obligation, after the conclusion of the purchase procedure, to print and keep these General Terms of Sale, already read and accepted during the purchasing process.

2. PURCHASES ON THE PLATFORM

2.1 PURCHASE METHODS

  • 2.1.1 Purchases on the Platform may take place with or without previous registration and is permitted both to users who perform the role of consumers and those who do not perform this role. Physical persons are allowed to purchase exclusively on the condition that they are at least 18 years of age. In accordance with Article 3, I paragraph, point a) of Consumer Code, please note that a consumer is a physical person who acts with purposes other than those of entrepreneurial, commercial, artisanal, or professional activity.
  • 2.1.2 The Vendor may reserve the right to refuse or cancel orders coming from: (i) a User whom he has entered a legal dispute with; (ii) a User who has previously violated the present “General Terms of Use of the Marketplace”; (iii) a User who has been involved in frauds of various kinds and particularly frauds regarding credit card payments; (iv) Users who have given false, incomplete or incorrect identification data, or who have not promptly sent the Vendor the documents which they may have required, or have sent invalid ones.

2.2 REGISTRATION ON THE PLATFORM

  • 2.2.1 The registration service is presented by eBottefìghe.it and is completely free for the User. Each User is entitled to one user account only.
  • 2.2.2 The registration on the Platform allows the Users to access a reserved and personal area, where they can perform, among other activities, the following actions:
    • track the shipment and status of the orders placed through the Platform;
    • check their “Order History”;
    • check the list of shipping addresses added at the time of the purchase;
    • manage and edit their personal data at any time;
    • benefit from dedicated services eventually activated by eBotteghe.it from time to time.
  • 2.2.3 Access credentials (email address and password) must therefore be guarded with extreme care and attention. They must be used by the User only and cannot be given to third parties. The User undertakes to keep them secret and make sure that no one else has access to them. The User also undertakes to inform eBotteghe.it immediately if he/she has suspicion of or becomes aware of any illegal use or disclosure of the said data, by sending an e-mail to [email protected]
  • 2.2.4 The User guarantees that personal information given during the registration procedure to the Site are complete and truthful, and undertakes to hold eBotteghe.it free from damages and claims, liability obligation and/or penalty caused or in any way connected to the violation by the User of the rules for registration to the Site or safekeeping of registration credentials.

2.3 INFORMATION FOR THE CONCLUSION OF THE CONTRACT

  • 2.3.1 In compliance with the Legislative Decree n. 7, 9th April 2003, containing regulation in the field of electronic commerce, the Vendor informs the User that:
    • in order to conclude the purchase contract on the Platform, the User must fill out an online order form and submit it electronically to the Vendor via the Platform, following the instructions that will appear each time;
    • the contract is settled upon order confirmation by the User. Should problems arise, including but not limited to stock, the User will be contacted in the shortest possible time to be offered a solution and/or a refund;
    • products will be handled individually by the Vendors. This will enable Users to purchase multiple products even if they were sold by different vendors;
    • once the order form is registered, the order confirmation will be sent to the User at his/her specified email address, containing: the “General Terms of Use of the Marketplace”, the information regarding the essential features of the purchased product, the detailed indications of price, additional costs if any, and the customer care contacts which the User can turn to for assistance and/or to make a complaint;
    • the order form will be filed by the Vendor through the Platform for the time necessary for its execution and in any case, within the terms of the law. The User will be able to access the order form and/or to the data relating to it through his/her personal account.

2.4 PRODUCTS

  • 2.4.1 eBotteghe.it is a local marketplace based on small local shops, including all product categories.
  • 2.4.2 Each product is paired with a description. All descriptive content has the sole purpose of informing Users about products and/or services they can access through the vendors on the Platform. None of the content must be interpreted as advertising aimed at influencing a buying decision in any way. Therefore, the descriptions of the products respect their labelling and are in no way modified.
  • 2.4.3 Whenever, for any reason, the product requested by the User should result not available before the order is executed by the Vendor, the Vendor undertakes to promptly inform the User (jointly with eBotteghe.it) and cancel the order.

2.5 PRICES

  • 2.5.1 All the prices of the products published on the Platform are in Euros and include VAT.
  • 2.5.2 Le spese di consegna e/o spedizione di ciascun prodotto sono deliberate dal Rivenditore e si si trovano indicate nella piattaforma.
  • 2.5.3 The Vendor reserves the right to modify the price of the products at any moment, possibly even more than once during the same day. It is underwood that the price of the product charged to the User will be that in the order summary, and possible variations (increasing or decreasing) that might occur after the placing of the order will not be taken into account

2.6 SECURITY

  • 2.6.1 The payment of the products through the Platform can be handled in cash at the delivery of the order, bank transfer or by credit card (VISA, Mastercard or American Express); the system used in the Platform, is provided by the company PayPal, for an efficient and safe management of online payments. The Site does not memorize the client’s credit card number, though thanks to the protected communication system of the bank of reference, from the second purchase onwards, the User may – by selecting the appropriate option- proceed to the purchase without re-entering his/her data. The bank of reference uses the SSL protocol to encrypt the transmitted data between its server and the Customer’s browser.
  • 2.6.2 During the purchase process, addresses relating to the sites belonging to paypal.com domain might appear. All communications between the client’s browser and the server are encrypted using the SSL (Secure Socket Layer) security protocol. This way, all data, and particularly the credit card number, are made illegible during all stages of the purchase, guaranteeing safe and confidential communication.
  • 2.6.3 In case of an order containing multiple products – despite the single shopping cart – they are in all effects, law included, distinct orders grouped by Vendor, separately or jointly shipped and charged on the credit card used for payment. The order confirmation of multiproduct orders will be only one, but will contain as many sections as the sold products, with separate information referring to each of them.

3. SHIPPING and/or delivery

  • 3.1.The Vendor is solely responsible for the preparation of the order, its delivery (if not carried out by a third-party shipping company), the quality of the merchandise and the respect of hygienic-sanitary regulations due, both during the preparation of the goods and their delivery, if it is carried out by the Vendor him/herself instead of a third-party shipping company.
  • 3.2. The delivery/shipping method will be clearly indicated at the end of the descriptive content of the product chosen by the User.
  • 3.3. At the moment of the placing of the order, an email certifying the effective preparation of the order awaiting delivery will be sent to the User by the Vendor. From that moment onwards, the order status can be checked from the User’s personal area.

4. RIGHT OF WITHDRAWAL

4.1 CASES OF EXCLUSION OF THE RIGHT OF WITHDRAWAL

In compliance with article 59, paragraph 1, point d) and e) of the Legislative Decree n. 206, 6th September 2005, Consumer Code (the “Consumer Code”), the right of withdrawal is excluded in regard to:

  • a) goods purchased by a Buyer not “consumer”, according to what stated in Article 3, paragraph I, point a) of Consumer Code and/or requests an invoice;
  • b) goods that risk deteriorating or expiring quickly; and
  • c) sealed goods that are unsuitable for restitution due to hygienic reasons or for health protection and which have been open after delivery.

In particular, the User is informed of and agrees that among the products “that deteriorate or expire quickly” all food products are included as the characteristics and qualities of such products are subject to alteration as a consequence to inappropriate conservation. Therefore, for hygienic reasons and for protection of the Users, the right of withdrawal is applicable solely to products purchased through the Platform that can be returned to the Vendor with the seal intact, and can be put back on the market without any danger for consumer’s health.

4.2 EXERCISE OF THE RIGHT OF WITHDRAWAL

The Buyer is entitled to exercise his/her right of withdrawal, in accordance with Articles n. 52 and following of the Legislative Decree 206/2005, concerning specific products that differ from those listed in the previous paragraph a), provided that these have not been opened or their seals altered. In cases when the right of withdrawal is allowed, the Buyer has the right to withdraw from the purchase contract for any reason, with no need to provide explanations and without penalty. To exercise the right of withdrawal, the Buyer will have to send a written communication to the Company via email to the address [email protected] with the subject “Exercise of the right of withdrawal” and:

  • a) state expressly his/her wish to withdraw and providing the following additional information:
    • i. number of the order and date;
    • ii. date of delivery of the order;
    • iii. name and address of the Buyer;
    • iv. indication of email and phone contacts of the Buyer;
    • v. code of the item or items for which the Buyer wishes to exercise the right of withdrawal.

The right of withdrawal is applicable to a purchased product in its entirety; therefore, if the product consists of multiple components or pieces the right of withdrawal is not allowed on only a part of the product.

In receiving the communication of the exercise of the right of withdrawal, eBotteghe.it will arrange to open a return procedure and to communicate the instructions on the return methods to the Buyer. The return will take place via an express courier indicated by eBotteghe.it within and no later than 14 days from the date of the communication of the right of withdrawal and with return costs to be borne by the Buyer.

In case the right of withdrawal is exercised the Buyer will be refunded the whole amount of the returned products within the deadline of 14 days from the date when the Buyer exercised the right of withdrawal, without prejudice to the right to suspend payment of the refund until the actual receiving of the products.

The refund will occur with the same payment method used by the Buyer unless otherwise arranged between eBotteghe.it and the Buyer.

5. CUSTOMER CARE AND COMPLAINTS

5.1 CONTACTS

  • 5.1.1 It is possible to request information, send communications or submit complaints to the address [email protected]
  • 5.1.2 eBotteghe.it will handle putting the User and the Vendor in contact should it be necessary to grant the User’s requests.
  • 5.1.3 The Vendor will reply directly to complaints to the same email address from which the User contacted the assistance from, within three days of receipt of said complaints by eBotteghe.it.

5.2 APPLICABLE LAW

  • 5. 2.1 These “General Terms of Use of the Marketplace” are governed by the Italian law.
  • 5.2.2 Except in the cases where the regulations envisaged by the Legislative Decree 206/2005 are applicable, any legal dispute regarding the present “General Terms of Use of the Marketplace” shall be resolved within the jurisdiction of the Court of Venice.

Ultimo aggiornamento: 27 novembre 2020