The seller of the products, as well as the owner of the website www.dalpiattoalbicchiere.it (hereinafter the “Site”), is the company Dal Piatto al Bicchiere di Del Pianta Stefano s.n.c. (C.F. DLPSFN85C16A390X), with registered office in Monte San Savino (AR), Corso Sangallo No. 85, Postal Code 52048, No. Rea: AR-213830, e-mail address info@dalpiattoalbicchiere.it (hereinafter “From Plate to Glass” or “Seller”).
These General Conditions of Sale (hereinafter referred to as the “General Conditions”) concern the regulation of the purchase of products made at a distance and the made available, through the Site, in compliance with the Italian legislation referred to in Legislative Decree no. 206 of 6 September 2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The consumer who accesses the Site to make purchases (hereinafter, the “Customer”) is obliged, before sending the order, to carefully read these General Conditions which have been made available to him and which will be available on the Site at any time.
The submission of the purchase order implies the full knowledge and express acceptance of the aforementioned General Conditions.
The Seller may make changes or amendments to these General Conditions at any time. Therefore, the Customer will be required to accept the General Conditions at the time of purchase.
1. PROTECTION OF MINORS – MINIMUM AGE REQUIREMENTS
By placing an order through the Site, the Customer guarantees that they are of legal age and have the legal capacity to enter into binding contracts.
Dal Piatto al Bicchiere does not sell alcoholic products to children under 18 (eighteen) years. The courier will not deliver alcohol to children under 18 (eighteen) years and may require, even after the order, an identity document to verify the date of birth of the customer.
2. CHARACTERISTICS AND DESCRIPTION OF PRODUCTS
The description and availability of the products sold on the Site (hereinafter, the “Product” or the “Products”) are specified in the respective sections of this Site and are subject to possible variations, without prior notice by the Seller.
Although the Products are presented with the utmost accuracy and precision, the representation on this Site by any means (including graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased, which will then be specified during the purchase process.
Each product sold on the Site is associated with a photograph of the same, which, due to possible variations in the packaging (for example, change of layout, restyling label), may not accurately reflect the appearance of the Product delivered.
The actual availability of a Product is indicative; several Customers, in fact, can buy the same Product at the same time. In the event that a Product is no longer available once the purchase has been made, the Seller will propose to the Customer to replace it with another similar Product or may renounce the sale, returning to the Customer the amount paid.
3. PRICES OF PRODUCTS
Unless otherwise indicated in writing, the prices of the Products (hereinafter referred to as “Prices”) are indicated in Euro and specified in the respective sections of this Site.
The Price shown in the product sheet is the selling price to the public inclusive of VAT, excluding shipping and transport costs, duties and customs duties relating to the country of origin of the Customer and/ or destination of the goods.
Shipping costs are calculated by the system based on the weight (real and volumetric) and the destination and indicated to the customer before payment. Shipping costs are borne by the Customer.
Prices are subject to possible changes without prior notice by the Seller. The Customer is therefore required to ascertain the final sale price before placing the relevant order.
4. PROMOTIONS AND DISCOUNTS
The Seller has the possibility, always and only at its discretion, to offer special promotions or discounts, which will always be subject to the requirements and conditions set out in the relevant section of this Site.
Promotions or discounts may be valid for a certain period of time and while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are related to the time zone of the Seller’s headquarters, as indicated in the introduction.
The presence on the Site of repeated or periodic promotions or discounts does not constitute any claim or right actionable by the Customer in the future.
5. COUPON
Promotions and discounts can be offered in the form of discount coupons (below, “Coupons”).
Unless otherwise specified, the following rules apply to the use of Coupons:
– each Coupon is valid only if used in the manner and within the period of time specified on the Site and/or on the Coupon;
– the Coupon can only be redeemed in full at the time of purchase, as partial use is not allowed;
– unless otherwise specified, single-use coupons may be redeemed only once per purchase and may therefore be redeemed only once in the case of instalment purchases;
– Coupons are not cumulative;
– the Coupon must be used within the specified period of validity. Once the deadline expires, the Coupon will automatically be cancelled. Any possibility to claim rights, including the refund of the Coupon value, is excluded;
– the Customer is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
– the Coupon is for non-commercial use only. The reproduction, counterfeiting and marketing of the Coupon are strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Coupon.
Any additional or divergent provisions applicable to the use of the Coupons listed on the relevant information page or on the Coupon itself prevail in any case, regardless of the previous provisions.
6. PURCHASE PROCEDURE
Each step, from the choice of the Product to the submission of the order, is to be understood as part of the purchase procedure.
6.1. Selection of the Product and construction of the shopping cart: the selection of the Product takes place through the section “Add to cart”. The Customer may add to the cart one or more Products, check their choice, modify, add or remove items at any time before confirming the order.
6.2. Order confirmation and dispatch: in order to confirm the order, the Customer must declare to accept in full “General Conditions of Sale” and enter the essential information for the taking charge and shipment of the Products (its shipping address, billing address, e-mail address and a means of payment of its choice from the following mentioned in paragraph 6.3). The sending of the order from the Site will have the value of a contractual proposal. By accepting these General Conditions, the Customer also exempts the Seller from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by the Customer when placing the online order, The Customer is solely responsible for their correct placement.
6.3. Payment methods: all payments are handled independently by third-party services. Therefore, this Site does not collect payment data (such as, for example, credit card numbers), but receives a notification once the payment is successful.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Seller is not obliged to execute the order. Any costs or fees arising from the failed or refused payment are borne by the Customer.
The Customer may choose from the following payment methods on the Site:
a) Credit and/or debit card.
b) Bank transfer: in this case, the Customer must make a transfer to the bank details indicated in the appropriate section within the Site. The reason for the transfer must necessarily include the name and surname of the customer and date of the order. The order will be processed only after receiving the confirmation of the credit of the transfer amount to the Seller’s current account.
c) PayPal: in this case, the Customer will be redirected to the page of the PayPal Site and must follow the procedures present therein. In the event that the Customer authorizes the PayPal function that allows future purchases, this Site will store an identification code linked to the Customer’s PayPal account. In this way this Site can automatically process payments for future purchases or for the payment of periodic instalments of a previous purchase. Permission can be revoked at any time by contacting From Dish to Glass or by changing PayPal’s personal settings.
6.4. Retention of title: until receipt of payment of the full purchase price by the Seller, the Customer does not acquire ownership of the Products ordered.
6.5. Acceptance of the order: the Seller reserves the right to refuse the order, if the Customer has not complied with the purchase procedure, has not accepted the “General Conditions of Sale”if you do not provide all the data required for shipping and billing or if the payment failed, ie:
a) if the credit card method is selected, the bank has not given permission to charge the Customer’s credit card;
b) in case of bank transfer selection, the amount is not charged within 3 (three) working days from the date of transmission of the order confirmation to the Seller’s current account;
c) if the PayPal method is selected, the Seller’s account has not been credited correctly.
7. Taking charge of the order and availability of the products
7.1. Once the purchase procedure has been successfully completed, Dal Piatto al Bicchiere will take charge of the order placed by the Customer.
7.2. If the Products presented on the Site are no longer available or on sale at the time of sending the order confirmation, the Seller will notify the Customer promptly and in any case within 15 (fifteen) days from the day following that of transmission of the order to the Seller, the possible unavailability of the Products ordered. In case of order confirmation and payment of the Price, the Seller will refund the amount already advanced by the Customer, using the same payment method used by the Customer for the initial transaction.
7.3. The Seller will send the Customer a confirmation of receipt of the contractual proposal to the e-mail address provided by the Customer, containing a summary of the order, with the information already present in the order confirmation (General conditions of sale, information on the right of withdrawal, information on the essential characteristics of the Product and detailed indication of price, means of payment and delivery costs).
8. TRANSPORT AND DELIVERY
8.1. Delivery: The Products
will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate field and in the manner indicated in the order summary.
All purchases will be delivered by express courier from Monday to Friday, excluding holidays and national holidays, within a period of 15 (fifteen) working days starting from the day following that in which Dal Piatto al Bicchiere has confirmed the order to the Customer through a special e-mail confirmation and shipment of the order.
The aforementioned deadline of 15 (fifteen) working days applies for shipments in Italy and abroad, except for countries outside the European Union for which the deadline of 15 (fifteen) working days may be increased depending on the different times of local customs clearance.
Dal Piatto al Bicchiere is not responsible for unforeseeable delays or not attributable to it.
8.2. “Click and collect”: the Customer may choose to collect their purchases at one of the “collection points” indicated in the relevant section of this Site and in accordance with the methods and timing communicated.
8.3. Customer verification: Upon delivery, the Customer must verify the content.
By signing the courier’s document, the Customer certifies the real external integrity of the Product and the conformity of the delivery.
The Customer undertakes to immediately contest any damage to the packaging and/or the Product or the mismatch of the number of packages or the indications, by affixing specific indication on the delivery document.
Any shipping costs for the return to the sender of the damaged package and return of the new one are charged to Dal Piatto al Bicchiere.
Any report must be sent to the e-mail address info@dalplatform.
8.4. Non-delivery: the Seller is not liable in any way for any delivery errors resulting from inaccuracies and/or omissions committed by the Customer during the purchase procedure and the completion of the order.
In the event that the Products are not delivered or collected at the time or within the deadline, they will be returned to the Seller, who will contact the Customer to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt from the second will be at the expense of the Customer.
9. RIGHT OF WITHDRAWAL
9.1. The Customer has the right to withdraw from the contract concluded with the Seller without the need to provide an explanation and without any penalty, in accordance with the regulations of Legislative Decree no. 206/2005.
9.2. The right of withdrawal, which may have as its object all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Customer on the Site, shall be properly exercised if the following conditions are fully respected:
a) the Products must not have been used;
b) the Products must be returned in their original packaging and/or packaging;
c) the right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the Product purchased.
9.3. The right of withdrawal is excluded in the following cases, pursuant to art. 59 of the Consumer Code: order of products that are likely to deteriorate or expire quickly; order of sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection or that were opened after delivery.
9.4. To exercise this right, the Customer must send a written communication to the Seller by e-mail to the e-mail address info@dalpiattoalbhiere.it, within 14 (fourteen) days from the day of receipt of the Products purchased, indicating: name and surname, order number, order date, the Products for which you intend to exercise the right of withdrawal.
Subsequently, the Customer will have to wait for the return authorization communication from the Customer Service and, no later than 10 (ten) days from its receipt, must ship the products following the instructions provided.
10. REPAYMENT TIMES AND METHODS
10.1. After the return of the Products, the Seller shall verify the correct execution of the withdrawal conditions and the conformity of the Products. In the event that the checks are concluded positively, the Seller shall send the Customer, by e-mail, the relative confirmation of acceptance of the Products as returned.
10.2. Whatever the method of payment used by the Customer, the Seller will refund to the Customer the full amount of the returned goods, excluding shipping costs, in the shortest possible time and in any case within 30 (thirty) days from the date on which the Seller became aware of the exercise of the Right of Withdrawal, subject to verification of the correct execution of the Customer’s right of withdrawal and acceptance of the Products returned. The Seller reserves the right to suspend payment until receipt of the returned Products.
10.3. The refund will be made using the same payment method used by the Customer for the initial transaction.
10.4. If there is no correspondence between the recipient of the Products indicated in the order form and who has paid the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be made by the Seller, in any event, against whom the payment was made.
10.5. If the terms and conditions for the exercise of the right of withdrawal are not respected, the Customer shall not be entitled to reimbursement of the sums already paid to the Seller or the issue of the credit requested. However, the Customer, at his own expense, may request the return of the Products in the state in which they were returned to the Seller. Otherwise, the Seller may withhold the Products, in addition to the sums already paid for their purchase.
11. LEGAL GUARANTEE OF CONFORMITY OF PRODUCTS
According to European legislation, the Seller guarantees the conformity of the goods sold for a minimum period of 2 (two) years from delivery.
Therefore, the Seller is required to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least 2 (two) years from the time of delivery to the Customer.
12. LIMITATION OF LIABILITY AND INDEMNITY
12.1. Limitations of liability: The information relating to the Products provided through the Site is constantly updated.
However, the Seller does not guarantee the complete absence of errors of which, therefore, the Seller cannot be held responsible, except in the case of willful misconduct or gross negligence.
Dal Piatto al Bicchiere reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code. Except for intentional or gross negligence, the Customer’s right to compensation or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfilment, even partial, of an order.
12.2. Indemnity: the Customer undertakes to defend, indemnify and hold harmless the Seller and its subordinates, affiliates, officers, agents, joint proprietors of the trademark, partners, suppliers and employees of and against any claim or claim, damage, obligation, loss, liability, charge or debt and expense, including, without limitation, legal fees and expenses arising from:
a) the use or access to the Site by the Customer, including any data or content transmitted or received by the Customer;
b) the violation of the General Conditions by the Customer, including, without limitation, any violation by the Customer of any declaration or guarantee provided by these General Conditions;
c) the violation by the Customer of any right of third parties, including, but not limited to, any right relating to privacy or intellectual property;
d) the Customer’s violation of any applicable law, rule or regulation, any content sent by the Customer’s account, including, without limitation, misleading and/or untruthful information;
e) the wilful conduct of the Customer;
f) infringement of any legal provisions by the Customer or its affiliates, officers, agents, joint proprietors of the brand, partners, suppliers and employees.
13. APPLICABLE LAW AND COMPETENT COURT
13.1. These General Conditions are governed by Italian law and will be interpreted on the basis of it, including Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and Legislative Decree No. 70 of 9 April 2003 (Electronic Commerce Law).
13.2. For the resolution of disputes relating to the interpretation, execution of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court of its municipality of residence or domicile will have exclusive jurisdiction if located in the Italian territory; if the Customer’s domicile or residence is located in a territory other than the Italian State, the territorial jurisdiction is exclusively that of the Court of Arezzo, any other jurisdiction excluded.
COMMON PROVISIONS
PRIVACY POLICY
Dal Piatto al Bicchiere declares and guarantees that personal data of Customers will be processed in accordance with the provisions of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to processing of personal data, as well as the free movement of such data (hereinafter “GDPR”) and Legislative Decree 196/2003 and subsequent amendments and additions, where applicable.
The details of the processing of personal data are contained in the Privacy Policy of this Site.
INTELLECTUAL PROPERTY RIGHTS
All intellectual and industrial property rights such as, for example, trademarks owned by Dal Piatto al Bicchiere, figurative or nominative, and all other signs, service marks, trade names, illustrations, images, Logos concerning From Plate to Glass are and remain the exclusive property of the Seller or its licensors and are protected under the applicable international laws and treaties.
CUSTOMER SUPPORT AND COMPLAINTS
The Customer can request any information by e-mail to the e-mail address: info@dalpiattoalbhiere.it.
Any complaint must be forwarded to Dal Piatto al Bicchiere by registered letter with acknowledgement of receipt to the following address: Dal Piatto al Bicchiere di Del Pianta Stefano s.n.c., Monte San Savino (AR), CAP 52048, Corso Sangallo n. 85.
Dal Piatto al Bicchiere undertakes to respond to all requests within 20 (twenty) days of receipt.
