General conditions of Sale

General conditions of Sale

www.rubiubirra.it

General provisions

The goods object of these “ General conditions of sale ” are put on sale by COSTA OVEST SNC- Company producing and distributing Rubiu- brand products with registered office in Via Bologna s.n.c. – 09017 Sant’Antioco (CI) – Italy – VAT number 03123580924.

These “ General conditions of sale ” regulate the purchase of Products made through the virtual store accessible through the URL https://www.rubiubirra.it/shop-on-line .

The “ General terms of sale ” regulate all the Sale and Purchase Agreements constituting an essential and integral part.

COSTA OVEST SNC reserves the right to modify, at any time, the “ General terms and conditions of sale “, without prejudice to the fact that each Sale and Purchase Agreement shall be deemed to be applicable to those published on www.rubiubirra.it at the time the sending of the related Order by the Customer.

In the event of a conflict between the provisions of “ General terms of sale ” with any other specific rules relating to the Sale and Purchase Agreement (as long as they are published on www.rubiubirra.it), the latter will apply.

 

Art. 1

Definitions

  • Customer: any person (natural or legal person) who purchases one or more Products through www.rubiubirra.it, accepting the “ General terms and conditions of sale “;
  • Seller: COSTA OVEST SNC- Company producing and distributing Rubiu brand products;
  • Parties: COSTA OVEST SNC and the Customer, jointly;
  • Sale and Purchase Agreements: the purchase and sale contracts of the Products concluded, pursuant to art. 4 that follows, between COSTA OVEST SNC and the Customers through www.rubiubirra.it;
  • Products: the products shown on www.rubiubirra.it which may be the subject of a future Sale and Purchase Agreement;
  • Price: the sale price of the Products as indicated on www.rubiubirra.it in correspondence with the Products themselves;
  • Order: the purchase order of the Products sent by the Customers, in accordance with the “ General terms of sale ” and following the procedure set out in art. 3 which follows;
  • Order Confirmation: the e-mail message through which COSTA OVEST SNC informs Customers of the acceptance of the Order;
  • Shipping: shipment of Products by COSTA OVEST SNC or delivery of the same to the courier;
  • Total Duty: includes Product Price, Shipping Costs and any additional Charges (such as additional shipping costs, in the case of cash on delivery).

Art. 2

Object of the contract

 

2.1. With this contract, respectively, the Vendor sells and the customer purchases remotely via telematic means the tangible movable goods indicated and offered for sale on the website www.rubiubirra.it;

2.2. The products referred to in the previous point are shown on the internet page https://www.rubiubirra.it/shop-on-line.

 

Art. 3

How to send Orders

 

3.1. To be able to place the Orders on www.rubiubirra.it the Customer must register through the insertion in the appropriate section of all the data requested there as “obligatory”;

3.2. The Customer can purchase the Products by selecting them in the dedicated section of www.rubiubirra.it and inserting them in the “cart”. If the Products that the Customer intends to purchase are more than one, the same procedure described above must be repeated by selecting other Products from the appropriate “shop on line” section. Once the selection of the Products has been completed, the Customer must proceed with the insertion of his / her data, as per art. 3.1, clicking on “proceed to payment”. Having verified the correctness of the data concerning the “billing details” and shipping address as well as the chosen Product (s), the Customer must choose the payment method referred to in art. 7. Choosing the payment method, the Customer can proceed to send the Order by clicking on “place order”.

 

Art. 4

Conclusion of the Sale and Purchase Agreement

 

4.1. COSTA OVEST SNC undertakes to send the Customer an Order Confirmation within 2 working days of receipt of the relevant Order by the Customer;

4.2. The Sale and Purchase Agreements are concluded between the Parties when the Customer receives the Order Confirmation, regardless of their actual knowledge (without prejudice to the right of withdrawal pursuant to Article 9, in the cases provided for therein). If the Customer does not receive the Order Confirmation within the term indicated in art. 4.1, this shall be understood as a silent refusal and the relevant Order shall be considered rejected by COSTA OVEST SNC and, therefore, devoid of any legal effect;

4.3. By sending the Order, the Customer declares to have read all the instructions regarding the method of purchase of the Products as per art. 6 and to have fully accepted the “ General terms of sale ” and to have read all the other information contained on www.rubiubirra.it, also referred to by links;

4.4. Each Order will be filed in the database of www.rubiubirra.it, according to the procedures and in compliance with the provisions of Legislative Decree no. 30.06.2003 n. 196 (“ Code of Privacy “) and will be accessible by contacting COSTA OVEST SNC to the references under art. 15.

 

Art. 5

Availability of Products

 

5.1. The type of Products shown on www.rubiubirra.it and their availability may vary at any time without implying any responsibility for COSTA OVEST SNC towards customers;

5.2. Products indicated as “sold out” can not be ordered by customers. In case of unavailability of a Product indicated as available at the time of sending the Order by a Customer, COSTA OVEST SNC (without prejudice to the provisions of Article 4.2) undertakes to indicate to the Customer, in a subsequent communication by e-mail, the times envisaged for a new availability of the Product / s object of the Order sent. In this case, the Customer can cancel the Order, within 48 hours of receipt of such communication, by sending an e-mail message to the address specified in art. 15. In this case, COSTA OVEST SNC undertakes to reimburse the price as soon as possible;

5.3. COSTA OVEST SNC reserves the right not to indicate the availability of some products shown on www.rubiubirra.it.

 

Art. 6

Price and shipping costs

 

6.1. All Product Prices displayed and indicated on the website www.rubiubirra.it are expressed in euros and constitute an offer to the public, pursuant to art. 1336 c.c .;

6.2. The applicable price is the one published on www.rubiubirra.it at the time of sending each Order by the respective Customers;

6.3. The Price is inclusive of VAT (22%) and all other taxes;

6.4. The Price does not include Shipping Costs and any additional Charges that will be calculated based on the place of destination of the Order and based on the weight of the packages;

6.5. The Customer will be informed of the Shipping Costs and of any additional Charges through the information contained in the website www.rubiubirra.it and, in case of conclusion of the Sale and Purchase Agreement, will have to pay them together and at the same time the payment of the Price of the Products ordered, according to the methods set out in art. 7;

6.6. The Products will be delivered only within the territory of the Italian State.

 

Art. 7

Terms of payment

 

7.1 The Customer must pay the Total Due, through one of the following payment methods:

  • PayPal: advance payment by credit card or bank account without communicating the data to the Seller;
  • Bank transfer: advance payment to the seller’s bank account;
  • Countersign: cash payment directly on delivery;

COSTA OVEST SNC reserves the right to change, at any time, the means of payment that can be used by customers, provided that those published on www.rubiubirra.it can be used at the time the Orders are sent by their respective Customers.

 

7.2. PayPal

7.2.1. If, after placing the Order, the Customer chooses the “ PayPal ” method as payment for the Total Due, it will be transferred to the website www.PayPal.com.

To be eligible for this payment method, the Customer must create or own an account on the PayPal site.

PayPal allows the Customer to make online payments reliably by credit card or bank account without communicating the data to the Seller.

Indeed, this method guarantees:

– Protection of the credit card number or bank details of the Customer that will never be communicated to the Seller;

– 100% protection against all unauthorized payments made from the Customer’s account;

– Confirmation of each purchase.

7.2.2. The payment procedure for the Total Due will be governed according to the terms and conditions of the contract agreed by the Customer with PayPal;

7.2.3. The amount of the Total Due will be charged by PayPal to the Customer together with the conclusion of the purchase contract, pursuant to article 4;

7.2.4. In case of termination of the purchase contract and in any other case of reimbursement, for whatever reason, the amount of the refund could be credited to the Customer’s PayPal account. The timing of re-credit on the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favor of such an account, COSTA OVEST SNC can not be held responsible for any delays or omissions in the crediting of the refund amount to the Customer, to contest which he will have to apply directly to PayPal.

 

7.3. Bank transfer

7.3.1. If, after placing the Order, the Customer chooses the “ Bank Transfer ” method of payment for the Total Due, the Seller will indicate to the Customer his bank details through the Order Confirmation e-mail that it will be delivered to the Customer’s e-mail address, as indicated during registration;

7.3.2. In order to return the payment received by bank transfer to the order placed, the Customer must indicate the number of the Order in the reason for the bank transfer;

7.3.3. The payment of the Total Due by bank transfer must take place no later than 7 calendar days from the date of Confirmation of the Order. Once this term has expired without notice, the Sale and Purchase Agreement may be considered terminated by right, pursuant to art. C. 1456, with consequent reimbursement of the amount of the Total Due, possibly paid late. The termination of the contract will be communicated to the Customer by e-mail;

7.3.4. Products will be shipped only after COSTA OVEST SNC receives the wire transfer. Consequently, the Delivery Terms of the Products will start from that date.

 

7.4. Countersign

7.4.1. If, after placing the Order, the Customer chooses the “ Mark ” method of payment for the Total Due, payment is made at the time of delivery of the package by the courier EXCLUSIVELY in CASH (checks, vouchers and any other means of payment will not be accepted). The Customer undertakes to deliver to the carrier the exact sum corresponding to the Total Due, the courier is not authorized to give change;

7.4.2. The choice of this method of payment involves a additional cost of € 5.00 (including VAT) and is allowed for orders that do not exceed the total amount of € 1,000.00.

7.4.3. In order to ensure a maximum level of safety, COSTA OVEST SNC reserves the right to contact the Customer by telephone in order to validate the Order with him. Following this validation, the Order will be prepared and sent as soon as possible;

7.4.4. COSTA OVEST SNC reserves the right to refuse payment by Cash on to Customers with whom a payment dispute has previously occurred;
 

7.5. For customers with a VAT number, regardless of the method of payment chosen, COSTA OVEST SNC will send an invoice via e-mail. For the purpose of issuing the invoice, the information of the company data provided by the Customer at the time of registration will prevail. No change of the invoice will be possible after its release by COSTA OVEST SNC.

7.6. The information received from COSTA OVEST SNC, pursuant to this article 7, will be used exclusively to complete the procedures related to the Sale of Products and for the refund procedures, in case of exercise of the right of withdrawal pursuant to art. 9. from the Customers.

Art. 8

Shipping and delivery times

 

8.1. COSTA OVEST SNC undertakes to ship the Products respecting the following times (which in case of payment by credit card or bank account, will start from the receipt, by the Seller, of the communication of the debit authorization):

(i)  in the case of available Products (as defined in Article 5.): within 5 working days;

(ii) in the case of available Products that have become unavailable (as defined in Article 5.2): within 5 working days from the moment in which such Product or Products are available again at the COSTA OVEST SNC warehouses, without prejudice to the Customer’s right to cancel the Order pursuant to the same art. 5.2;

8.2. COSTA OVEST SNC guarantees the shipment of products by express courier (GLS or others). The Products are shipped from COSTA OVEST SNC, and delivered by Corriere, to the address indicated by the Customers at the time of registration as per art. 3.1. or at a different address indicated at the time the Order was sent;

8.3. Pursuant to the law, COSTA OVEST SNC will complete the delivery of the Products at the time of their respective delivery to the Courier, but will do everything in its power to ensure that the Products shipped pursuant to Arts. 8.1. and 8.2 are delivered by the courier within the deadlines indicated in the “Shipping” section of COSTA OVEST SNC;

8.4. The terms of delivery pursuant to art. 8.1, can not, in any case, be considered binding for COSTA OVEST SNC that can not be held responsible in any way for their non-compliance;

8.5. Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products indicated in the Order Confirmation, are required to check, at the time of delivery, that:

(i) the Products correspond to what indicated in the transport document (DDT) of the Courier both by number and by type;

(ii) the packaging / packaging of the Products is intact, undamaged, or wet or otherwise altered, even in the closing materials.

8.6. Any damage to the packaging / packaging of the Products must be immediately challenged by the Customer by affixing a written control reserve to the proof of successful delivery of the Courier. It is understood that, once the Courier’s document has been signed without any dispute, the Customer can no longer raise any objection to COSTA OVEST SNC with reference to the Product delivered;

8.7. The Products can be delivered by the Courier only to Customers or to persons authorized by them. The subject to whom the Products are delivered must sign a signature to certify the delivery. Il Corriere does not deliver to post office boxes or by inserting the Products in postboxes or other similar places.

 

Art. 9

Right of withdrawal

 

9.1. If the Customers are “Consumers” (ie a natural person acting for purposes unrelated to business, commercial, craft or professional activity), Customers are entitled, pursuant to and for the purposes of art. 64 of Legislative Decree. n. 206/2005, to withdraw from the Sale and Purchase Agreements within 10 working days from the date of receipt of the Products subject to the Sale and Purchase Agreements;

9.2. The Right of withdrawal must be exercised by the Customers referred to in point 9.1. sending COSTA OVEST SNC a written communication to the address referred to in Article 15, by e-mail which must contain:

(i) the manifestation of willingness to make use of the right of withdrawal;
(ii) the indication of the Order which gave rise to the Sale and Purchase Agreement from which they intend to withdraw;

9.3. In case of exercise of the right of withdrawal referred to in this art. 9:

(i) Customers undertake to return the Products within 7 working days from the date of communication of withdrawal pursuant to art. 9.1;

(ii) all costs related to the return of the Products are entirely borne by the Customer;

(iii) all risks related to the transport of the returned product are charged to the Customer;
(iv) COSTA OVEST SNC undertakes to reimburse the price in the shortest possible time and, in any case, within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:
– the Products have been returned and are intact;
– the original packaging / packaging of the Products is also returned and the same is intact;
– any accessories are also returned and they are intact;
– the Products have not been used;
(v) COSTA OVEST SNC will inform Clients of the methods for reimbursement of the Price and may, to this end, request customers their bank details (IBAN and holder of the c / c);

9.4. If the Customers exercise the right of withdrawal in a way that does not comply with the terms and conditions set out in this Article 9, Customers are not entitled to a refund of the Price.

 

Art. 10

Flaws / defects Products

Consumers’ Customers (as defined in article 9.1) are entitled to the rights of the Consumer as per art. 130 of Legislative Decree. 206/05, these rights must be exercised within the terms set forth in art. 132 of the same Legislative Decree 206/05.

Art. 11

Protection of confidentiality

 

11.1. The owner of the data processing collected through www.rubiubirra.it is COSTA OVEST SNC which declares and guarantees that the personal data of the Customers will be processed in compliance with the provisions of Legislative Decree 196/03, and subsequent amendments.

11.2. The data processors of the Customers are the following:

  • PayPal, as the operator of online payment systems;
  • GLS or other express courier that deals with the processing of data necessary to perform the delivery and return of products purchased on COSTA OVEST SNC;
  • Up Web” di Oppo Riccardo pdata processing with regard to server management and maintenance services of www.rubiubirra.it .

Art. 12

Errors and / or inaccuracies and liability limitations

 

12.1. COSTA OVEST SNC undertakes to constantly check the site www.rubiubirra.it in order to avoid errors or inaccuracies. However, it is possible that the site www.rubiubirra.it contains, or may contain, errors, inaccuracies or omissions;

12.2. COSTA OVEST SNC reserves, therefore, the right to correct errors, inaccuracies or omissions contained on www.rubiubirra.it even after an Order has been sent. Furthermore, it reserves the right to change or update the information, at any time, without prior communication to the Customers;

12.3. COSTA OVEST SNC assumes no responsibility for disservices due to force majeure if it fails to execute the Order within the timeframe set by the “General terms and conditions of sale” and the purchase contract;

12.4. COSTA OVEST SNC can not be held responsible towards the Customer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or its subcontractors;

12.5. COSTA OVEST SNC shall not be liable for damages, losses and costs incurred by the Customer as a result of the non-execution of the purchase contract for reasons not attributable to him, having the Customer only entitled to full refund of the Price paid;

12.6. COSTA OVEST SNC assumes no responsibility for any fraudulent or illicit use that may be made by third parties, credit cards and other means of payment, used to pay for the Products purchased, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

 

Art. 13

Intellectual property

All intellectual property rights connected to the www.rubiubirra.it website (including contents) are the exclusive property of COSTA OVEST SNC. The website www.rubiubirra.it and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked and used for any purpose without the prior written consent of COSTA OVEST SNC.

Art. 14

Applicable law and competent court

 

14.1. For anything not expressly provided, the present “ General terms of sale ” and the Sale and Purchase Agreements are governed by Italian law and, in particular, by Legislative Decree 206 of 06.09.2005 – which in Articles. from 50 to 67 regulate distance contracts – and from Legislative Decree 70 of 09.04.2003, in the field of electronic commerce;

14.2. All disputes arising from these “ General conditions of sale ” and / or from the Sale and Purchase Agreements will be referred to the Chamber of Commerce of Cagliari and resolved according to the conciliation regulation adopted by the same;

14.3. If the Parties intend to appeal to the ordinary judicial authority, the Court of Cagliari will have exclusive jurisdiction.

 

Art. 15

Contacts

 

For further information and assistance on the website www.rubiubirra.it or on how to purchase on www.rubiubirra.it or on the Sale and Purchase Agreements, customers can contact COSTA OVEST SNC via the e-mail address vendite@rubiubirra.it , or by letter to the address: COSTA OVEST SNC, Via Bologna snc – 09017 Sant’Antioco (CI).

 

 

 

Sant’Antioco, 22.03.2017