Conditions of sale
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter "General Conditions") have as their object the discipline of the purchase of products and services, carried out remotely and made available, via the Internet, from the Rustigusto.com website (hereinafter, the "Site") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The seller of the products and owner of the site is: Rustigusto with registered office in Cascina Pescarone 1, 27010 Cura Carpignano (PV), C.F / P.I. 02683880187
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Website and which will be available at any time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
In the event that the person making purchases on the Site requires the invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal rules pursuant to art. 7 and 8 of these General Conditions or, more generally, the provisions that, according to the same Consumer Code, apply only to "consumers".
Contracts concluded with Rustigusto through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choose and order the Products
The characteristics and the price of the various products on sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.
For the purchase of the Products the Customer must complete and send the order form in electronic format, following the instructions contained in the Site. The Customer must add the Product to the "Shopping Cart" and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, must enter shipping details and any billing, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and to accept these General Terms and payment conditions in full.
The contract between Rustigusto and the Customer must be considered concluded with the acceptance of the order by Rustigusto. This acceptance is communicated to the Customer through an email confirming the order containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price including delivery costs. Once the contract is concluded, Rustigusto will take over the purchase order and the buyer can view the orders placed, accessing his profile and consulting the appropriate section.
Once the order has been received, Rustigusto will check the availability of the stock to process the order. In the event that one or more Products are not available, the Rustigusto Customer Service will send a timely communication via email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any other available Products or cancel it. In case of no reply within this period, the order will be considered confirmed and the Products available will be shipped. In this case the entire amount related to the missing Products will be canceled or in any case, depending on the chosen payment method, it will not be charged to the Customer.
3. Product Information
The information and characteristics relating to the Products are available on the Website.
The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the descriptive card. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping
There is no minimum order to make purchases on the Site. The prices of the products are inclusive of all taxes and fees. All prices are in Euro.
Shipments in Italy:
The contribution for shipping is part of an amount of € 6.50 up to a maximum of € 43.90. The calculation is made based on the weight of the package.
Shipping is free throughout the country with a minimum cost of € 69.
Shipping in Europe:
Shipping costs are available here and vary depending on the country of destination and weight
5. Method of payment and billing
5.1 Methods of payment
The Customer may pay the price of the Products and any delivery costs by Credit Card, PayPal, Bank Transfer, Prepaid Cards.
The circuits on which it is possible to purchase on the Website are:
• Visa / Visa Electron
• Mastercard / Maestro
• American Express
The Website does not store the credit card number of the Customer, with the payment by credit card will not be charged any type of supplement.
Once the order is confirmed, the customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or otherwise according to the methods accepted by Paypal and in compliance with the relevant conditions.
5.2 Invoicing of orders
If the purchase is made by a professional or a company, it will be possible to request an invoice by selecting the appropriate box during the order process and entering the billing information including the tax code and / or VAT number. In this case the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of the billing data and is expressly informed that, in the event that the invoice is not requested during the order, it will not be possible to request it later.
6. Transportation and Delivery
The Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate field.
All purchases will be delivered by express courier (hereinafter, "Corriere") from Monday to Friday, excluding holidays and public holidays. Rustigusto is not responsible for delays that are not foreseeable or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation e-mail containing a link to which the shipment can be tracked.
In any case, except in cases of force majeure or accident, the Products ordered will be delivered within a period of 7 (seven) working days starting from the day following that in which Rustigusto has confirmed the order to the Customer by email confirmation of order. The aforementioned deadline of 7 working days applies to shipments to Italy.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send a communication to Rustigusto within 14 days from the date of receipt of the Products, if it intends to exercise the withdrawal before receiving the Products, the notice of withdrawal can be sent at any time before their receipt.
This communication must be sent by registered letter A / R, addressed to:
Cascina Pescarone 1, 27010 Cura Carpignano (PV)
The Rustigusto Customer Service will, once received the communication, to open a practice for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will be made by courier indicated by Rustigusto itself.
The right of withdrawal is governed by the following conditions:
I. The law applies to the purchased product 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.
II. In case of exercise of the right of withdrawal Rustigusto will reimburse to the customer the full amount of the returned goods, including shipping costs where provided, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Rustigusto di suspend payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In the case of a bank transfer, the Client will provide the bank details on which to obtain the reimbursement (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee free returns pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Foreword (non-consumer customer and / or invoice request), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- Order of tailor-made or clearly personalized products;
- Order of sealed products that do not lend themselves to be returned for hygienic reasons or related to health protection or that have been opened after delivery;
- Product damaged due to causes other than transport.
In the event of exclusion of the right of withdrawal, Rustigusto will return the purchased Products to the Customer, charging them for shipping costs.
8. Free return in case of exercise of the right of withdrawal
As a condition of greater favor for the Customer, Rustigusto fully maintains the shipping costs for the return of the Products in case of exercise of the right of withdrawal.
In order to benefit from this free shipping, the customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Rustigusto to agree on the return of the products to the courier.
9. Warranty and Defects of conformity
In case of conformity defects of Products sold by Rustigusto, the Customer must immediately contact Customer Service using the appropriate contact form.
The sale of the Products is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code. The Customer has the right, at his option and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or an appropriate reduction in price or termination of the contract. The Customer loses these rights if he does not report to Rustigusto the lack of conformity within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a term shorter, in which case the defect must be reported within this reduced period.
10. Errors and limitations of liability
The information relating to the Products supplied through the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors of which Rustigusto can not therefore be held responsible, except in cases of willful misconduct or gross negligence.
Rustigusto reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer in accordance with these Terms and Conditions and of the Consumer Code.
Except for fraud or gross negligence, any right of the Customer to compensation for damages 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 things caused by non-acceptance or evasion, even partial , of an order.
Rustigusto promotes the responsible consumption of alcoholic beverages and excludes any responsibility at its own expense, except for malice or gross negligence, in the case of purchases made by minors of 16 years.
Any complaint must be forwarded to Rustigusto using the appropriate contact form, or by registered letter with return receipt to the following address:
Cascina Pescarone 1, 27010 Cura Carpignano (PV)
Rustigustosi undertakes to respond to all requests received within a maximum of 7 working days.
12. Applicable law and jurisdiction
The contract of sale between the Customer and Rustigusto is concluded in Italy and regulated by Italian law. For the solution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer in accordance with the Consumer Code, the court of his municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Ferrara, any other competent forum excluded.
Pursuant to Article 1341 of the Civil Code the Customer declares to have read and specifically accept the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors - exclusions of responsibility).
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.