General Terms and Conditions of Sale
(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products, carried out remotely and made available, via the internet, from the website www.giorgiopoeta.com (hereinafter, the “Online Store”) in compliance with Italian legislation under Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Online Store is: GIORGIO POETA SRL, with registered office in Via Bruno Buozzi n. 56/B – 60044 Fabriano (AN), Tax Code/VAT No. and registration with the Ancona Company Register no. 02726530427 - Email address: commerciale@giorgiopoeta.com (hereinafter “Giorgio Poeta”).
The consumer who accesses the Online Store to make purchases (hereinafter “Customer”) is required, before submitting the order, to carefully read these General Conditions which have been made available to them on the Online Store and which will be accessible at any time by the Customer also through the link contained in the Online Store itself.
In the event that the person making purchases on the Online Store requests the issuance of an 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 regulations referred to in art. 7 and 8 of these General Conditions will not apply, nor, more generally, the provisions that pursuant to the same Consumer Code apply solely to “consumers”.
The contracts concluded with Giorgio Poeta through the Online Store are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and ordering Products
The characteristics and price of the various products on sale on the Online Store (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained in the Online Store. The Customer must add the Product to the "Cart" and, after reading the General Conditions and the Privacy Policy and confirming their acceptance, must enter the shipping and any billing details, select the desired payment method and confirm the order.
By sending the order from the Online Store, 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 fully accept these General Conditions and transcribed payment terms.
The contract stipulated between Giorgio Poeta and the Customer must be considered concluded with the acceptance of the order by Giorgio Poeta. This acceptance is communicated to the Customer via an order confirmation email containing the order number, shipping and billing details, the list of ordered Products with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if they find any errors in the order, they will have one hour from receipt of this email to contact Customer Service directly from the Online Store using the appropriate contact form accessible via the “Contact us” link on the Online Store. After this deadline, the order will be processed for shipping and no further changes will be accepted, without prejudice to the Customer's rights referred to in Article 7 below.
Once the order has been received, Giorgio Poeta will check stock availability for the fulfillment of the order itself. In the event that one or more Products are unavailable, Giorgio Poeta Customer Service will send timely communication via email to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any other available Products or cancel it. In the event of no response within this deadline, the order will be considered confirmed and the available Products will be shipped. In this case, the entire amount relating to the missing Products will be refunded or in any case, depending on the chosen payment method, will not be charged to the Customer.
3. Product Information
Information and characteristics relating to the Products are available, with their respective Product codes, on the Online Store.
The visual representation of the Products on the Online Store, 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 their characteristics and quality but may differ in color and size. In case of a difference between the image and the written product card, the description of the product card always prevails.
4. Prices and shipping
The prices of the products are inclusive of all taxes and duties. All prices are expressed in Euros.
Shipments in Italy: Shipping is free for order amounts over € 55.00. For lower amounts, a cost of € 8.90 VAT included applies.
Shipments Abroad: It is not possible to request shipping abroad.
5. Payment methods and invoicing
5.1 Payment methods
The Customer may pay the price of the Products and the related delivery costs via PayPal, bank transfer, or cash on delivery.
PayPal: Once the order is confirmed, the Customer will be redirected to the PayPal website (via pop-up) where they can make the payment with their account or using a card, including a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.
Through PayPal it is indeed possible to make the payment even if you do not have a PayPal account, using the credit cards accepted by the PayPal circuit.
Bank transfer: the Customer must make the transfer within 3 working days from the order date. If this does not happen, the order will be canceled and the goods made available again for purchase by other Customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of the non-accreditation is attributable to the Customer's intention not to confirm the purchase or to other causes.
Bank transfer details: c/c: Giorgio Poeta Srl
IBAN: IT70 K030 6921 1031 0000 0010 346
Bank: Intesa San Paolo - FABRIANO
Reason for payment: the Customer must indicate the date and order number, which can be found in the confirmation email, in the transfer reason.
Cash on delivery: this payment method is available only for shipments within Italy. For cash on delivery shipments, the Customer is required to pay a shipping contribution of € 4.00.
5.2 Order invoicing
If the purchase is made by a professional, it will be possible to request the issuance of an invoice by entering the billing data including the tax code and/or VAT number, PEC (certified email) or SDI in the appropriate fields during the order procedure. In this case, the invoice will be sent via email to the address indicated. The professional is responsible for the correct entry of the billing data and is expressly informed that, in the event of failure to request an invoice during the order phase, it will not be possible to request it later.
6. Shipping and delivery
The Products purchased on the Online Store will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Address” field.
All purchases will be shipped by express courier (hereinafter, "Courier") from Monday to Thursday, excluding holidays and national holidays. Giorgio Poeta is not responsible for unforeseeable delays or delays not attributable to it.
For orders received and confirmed from Monday to Thursday, if all items in the order are available in stock, shipping will take place within 24/48 hours of receipt of the order.
All orders received and confirmed after 12:00 PM on Thursday will be shipped the following Monday, unless it is a holiday.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link (if available) to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be shipped within a period of 7 (seven) working days starting from the day following that on which Giorgio Poeta confirmed the order to the Customer via a specific order confirmation email.
The delivery of the order will take place within two working days from the date of shipment, except for Calabria, Sicily, and Sardinia, for which destinations an additional working day must be added.
The delivery service includes 2 delivery attempts at the address indicated at the time of the order. After the second unsuccessful delivery attempt, the package will remain in free storage for 3 working days at the Courier. During these 3 days, the Customer may contact the Courier directly to arrange delivery or to change the delivery address. In any case, it is the Customer's responsibility to check with the courier regarding any updates or changes to the delivery procedure described above.
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 Giorgio Poeta a communication within 14 days from the date of receipt of the Products by sending an email to customer service commerciale@giorgiopoeta.com , if they intend to exercise the withdrawal before having received the Products, the withdrawal communication may be sent at any time before their receipt.
Giorgio Poeta Customer Service will, upon receipt of the communication, open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place via a courier indicated by Giorgio Poeta itself.
The right of withdrawal is governed by the following conditions:
a. The right 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 purchased Product.
b. In the event of exercising the right of withdrawal, Giorgio Poeta will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to Giorgio Poeta's right to suspend the payment of the refund until actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In the case of a bank transfer or cash on delivery payment, it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
c. Also in order to guarantee free returns pursuant to Article 8 below, the Products must be returned in the same box in which they were received.
d. In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments):
- order of custom-made or clearly personalized Products;
- order of Products that are liable to deteriorate or expire rapidly;
- order of sealed Products that are not suitable for return for hygienic reasons or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "are liable to deteriorate or expire rapidly" include both all food Products (including wines, spirits, and beverages) and cosmetics, as the characteristics and qualities of these types of Products are subject to alteration even as a result of inappropriate storage. Therefore, for hygienic and Customer protection reasons, the right of withdrawal applies only to Products purchased on the Online Store that can be returned to Giorgio Poeta and put back on the market without danger to consumer health (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, Giorgio Poeta will return the purchased Products to the Customer, charging the latter the shipping costs.
8. Warranty and Conformity Defects
In the event of conformity defects of Products sold by Giorgio Poeta, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Online Store via the “Contact us” link.
The legal guarantees provided by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at their choice and provided that the type of Product allows it, to have the conformity of the Product restored, free of charge, by repair or replacement, or to an appropriate reduction in price or the termination of the contract. The Customer loses these rights if they do not report the conformity defect to Giorgio Poeta within a period of 26 months from the date of delivery of the goods, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.
9. Errors and limitations of liability
The information regarding the Products provided through the Online Store is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Giorgio Poeta cannot therefore be considered liable, except in cases of willful misconduct or gross negligence.
Giorgio Poeta 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 Customer's rights under these General Conditions and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of an indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or even partial fulfillment of an order.
Giorgio Poeta promotes the responsible consumption of alcohol and excludes any liability on its part, except for willful misconduct or gross negligence, in the case of purchases made by minors under 18 years of age.
10. Complaints
Any complaint must be forwarded to Giorgio Poeta using the appropriate contact form accessible directly on the Online Store via the “Contact us” link, or by calling +39 0732041982 (Mon - Fri 9.00 – 17.00, excluding holidays) or by registered mail with return receipt to the following address:
c.a. Giorgio Poeta Srl
Via Bruno Buozzi 56/B
60044 Fabriano AN
Giorgio Poeta undertakes to respond to all requests received within a maximum of 7 working days.
11. Applicable law and competent court
The sales contract between the Customer and Giorgio Poeta is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution, or termination of these General Conditions or of individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the court of their municipality of residence or domicile will have exclusive jurisdiction if located in Italian territory; in all other cases, territorial jurisdiction rests exclusively with the Court of Ancona, any other competent court excluded.
Pursuant to Article 1341 of the Italian Civil Code, the Customer declares to have read and to specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 9 (right to correct errors - exclusions of liability).
Furthermore, the consumer Customer residing in the European Union is informed that they may avail themselves of the alternative dispute resolution (ADR) mechanisms provided for by European consumer protection legislation.