The general conditions of sale and use transcribed below (hereinafter "General Conditions") apply only to the Italian territory and to all sales (hereinafter as "Services" or individually "Service") provided by Amitutti.com, through your Amitutti.com domain ("Site").
The use of the Services is allowed only to a registered user, who has:
a) having read the information relating to the processing of personal data;
b) accepted the General Conditions;
c) created an account on Amitutti.com, as indicated below.
Pursuant to and for the purposes of articles. 7 and 12 of the Legislative Decree. n. 70 of 9.4.2003, Amitutti.com communicates the following information to users: the provider of the Services covered by the General Conditions is Amitutti.com, with registered office in via Bellavista 45, 09048 Sinnai, Ca, Italy, VAT number: 03865620920, REA : CA-303230 (hereinafter “Amitutti”).
The user is requested to print a copy of the General Conditions and / or to store them on a durable medium.
SPECIAL NOTICE TO CONSUMERS. Registration is allowed only to consumers who are natural persons, who are of legal age. By "Consumers" we mean natural persons who access Amitutti for purposes not related to any commercial, entrepreneurial or professional activity carried out. The provisions contained in the Legislative Decree n. 206 of 6.9.2005 ("Consumer Code"), in addition to those generally applicable to the type of service provided by Amitutti by virtue of Legislative Decree n. 70 of 9.4.2003 on information society services and electronic commerce.
1. General and scope of application
1.1 These General Conditions apply to all sales made by Amitutti on the Site.
1.2 The General Conditions may be changed at any time, without prejudice to the user's right of withdrawal referred to in point 1.4 below. Any changes and \ or new conditions will be effective from the moment of their publication in the "Conditions" section of the Site. To this end, we invite users to regularly access the Site and check the publication of the most updated General Conditions.
1.3 The applicable General Conditions are those in force on the date the purchase order is sent.
1.4 In the event that the user does not intend to accept the changes to the General Conditions, he will have the right to withdraw by giving notice by registered letter with acknowledgment of receipt or e-mail with 7 days notice.
1.5 The continued use of the Service after the deadline referred to in paragraph 1.4 constitutes a manifestation of the will to accept the General Conditions.
1.6 These General Conditions do not regulate the sale of products and / or the provision of services by parties other than Amitutti who are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary for the user to verify their conditions of sale. Amitutti is not responsible in any way for the provision of services and / or for the sale of products by these subjects. Amitutti does not carry out any checks and / or monitoring on the websites that can be consulted through these links. Amitutti is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
2.1 The user must carry out, prior to the transmission of a purchase order, his registration in the manner indicated on the Site. Failure to accept the General Conditions will make it impossible to register on the Site and make purchases on Amitutti.
2.2 Registration on the Site is free. To register, the user must complete the registration form, entering name, surname, an e-mail address and a password (hereinafter the "Registration Credentials"). Registration is confirmed by email sent to the address provided by the user.
2.3 The Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user must notify Amitutti without delay in the event of suspected improper use of the same. The Registration Credentials can be changed by the user at any time by accessing the "My Profile" section on the Site.
2.4 The user guarantees that the Registration Credentials provided during the registration process on the Site are complete, correct and truthful. The user agrees to keep Amitutti harmless from any compensation obligation, sanction deriving from and / or in any way connected to the violation by the user of the rules on registration to the Site. The user is solely responsible for accessing the Site through the Credentials of Registration and is directly liable for any damage or prejudice caused to Amitutti or to third parties by improper use, loss, misappropriation by others or failure to protect adequate secrecy of one's Registration Credentials. All operations carried out through the Registration Credentials are considered to have been carried out by the Customer to whom the Registration Credentials refer.
2.5 The Services are provided in Italian.
2.6 It is possible to make a single registration per user. Multiple registrations will be canceled by Amitutti.
2.7 In the personal area "My profile" on the Site, the user can view and possibly modify open, recently shipped and / or concluded orders as well as manage and save personal data and subscription to the newsletter.
2.8 Amitutti reserves the right to refuse, at its sole discretion, the registration of any user. Amitutti also reserves the right not to accept orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Site.
2.9 The user may at any time unsubscribe from the Amitutti.com Site by sending an email to email@example.com.
3. Pre-contractual information
In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Amitutti informs the user that:
3.1 To conclude the purchase contract for one or more products on the Site, the user must fill in an order form in electronic format and transmit it to Amitutti, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different stages of the purchase.
3.2 The contract is concluded when Amitutti registers the order form, after verifying the correctness of the data relating to the order and payment.
3.3 Before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the different stages of the purchase; once the order form has been registered, Amitutti will send the user to the e-mail address indicated a confirmation e-mail containing a summary of the General Conditions, information relating to the characteristics of the product purchased, a detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, the shipping costs and any additional costs as well as the indication of the assistance service. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium.
3.4 The order form will be stored in the Amitutti database for the time necessary to process the order and, in any case, in accordance with the law. To access their order form, the user can consult the "My profile" - "My orders" section of the Site where they will find a list of all orders placed.
4. Terms and conditions of purchase.
4.1 All prices indicated on the Site are expressed in Euros (€) and are inclusive of VAT. The contribution to the costs of order fulfillment and delivery is explicitly indicated and includes VAT. This amount will be highlighted separately on the order form prior to sending and on the order confirmation e-mail.
4.2 The user will be charged the price of the product indicated on the Site at the time the order was sent by him.
4.3 The products will remain the property of Amitutti until the user has paid the purchase price and expenses.
4.4 Amitutti will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the order form.
4.5 Amitutti reserves the right not to confirm orders from users with whom disputes are pending or in the case provided for by art. 5.1.
5.1 The products offered on the Site are limited in number and can be sold at discounted prices. It may therefore happen that the ordered product is no longer available after registration of the purchase order. In any case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will be canceled. If the payment has already been made, Amitutti will refund the amount paid by the user, including the contributions to the costs of order fulfillment and shipping costs, immediately, and in any case within thirty days from the day after sending the order. The refund amount will be communicated by e-mail, and credited to the same payment method used for the purchase or by bank transfer.
5.2 Amitutti declines all responsibility for any delays in crediting, which depend on the bank or the type of credit card used for payment. In any case, the value date of the credited amount will be the same as the debit.
6.1 Deliveries are made in Italy only, with the exception of Livigno (SO) and Campione d'Italia (CO), to the postal address indicated by the user in the order form.
6.2 Delivery times are those indicated in the purchase order registered in the "My profile" section of the Site and specified in the purchase order confirmation. In the event of failure to indicate a specific delivery deadline, it will take place within thirty days from the one following the dispatch of the order.
6.3 Upon delivery of the products to the carrier, an e-mail confirming the shipment will be sent to the user. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays.
6.4 In case of impediments to delivery due to force majeure or in case of ancillary delivery costs due to changes of address or particular causes (example: limited traffic areas, impossibility of access for dedicated vehicles, upper floors) Amitutti will provide to contact the user by e-mail to inform him of the delay in delivery times or of any ancillary costs. Amitutti cannot be held responsible in any way for any delays due to facts of third parties and / or due to force majeure.
6.5 Delivery is considered completed when the product is made available to the user at the address specified in the order form.
6.6 In case of non-delivery due to the absence of the recipient at the specified address, the courier will make a second delivery attempt the next working day. After two failed delivery attempts, the package will go into storage. In the case of stock due to non-delivery of the order (due to the recipient being untraceable) or due to an incorrect or incomplete address provided, the costs for stock release and return will be charged to the customer. Amitutti Customer Service will contact the user in order to unblock the stock and ensure that the delivery takes place as soon as possible. If this attempt is also unsuccessful, the purchased product will be sent back to Amitutti. After thirty days from the date on which the product was returned to Amitutti, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Italian Civil Code Amitutti will reimburse the amount paid by the user net of the costs of unsuccessful product delivery as well as the costs of returning the product to Amitutti and storage costs. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the payment method used by the user for the purchase.
6.7 In the event that the package shows obvious signs of tampering or alteration, the user must mark it upon delivery by signing the appropriate Proof of Delivery (POD) document prepared by the courier. In case of failure to report as indicated above, the customer will not be able to retaliate against Amitutti, who is not responsible for failure to communicate by signature with reservation.
6.8 Attention, we only ship to Italy. There are no deliveries to other states.
7.1 If you are not completely satisfied with your purchase for any reason, you can return the purchased products within 30 days from the date of receipt of the products.
Amitutti offers its users the possibility to return products free of charge through:
A) EASY RETURN. In order to take advantage of the free shipping of Amitutti's EASY RETURN function, please follow the following instructions and conditions. You can access the EASY RETURN function from the "My orders" section in your account by selecting the order of the product (s) you want to return and clicking on "Return items". The user accesses the guided procedure that will allow him, in a simple and fast way, to select the products to be returned and to plan the day of collection of the same.
Once the procedure is completed, Amitutti will send a confirmation by e-mail, containing the waybill to be applied externally to the package and the return note to be inserted inside together with the product to be returned.
The shipment of the returned products made with the courier indicated by AMITUTTI will be FREE.
If the returned product is returned using a different courier, all shipping costs will be charged to the customer / user.
Please note that the product must be returned in a state of substantial integrity (for example, the products must be clean, free of scratches, damage, dents, abrasions. The products must be returned in the original packaging with the accessories, components and illustrative materials contained in the original packaging). If this is not the case, Amitutti will apply the terms of point 7.4.
B) Notifying the withdrawal by registered letter with acknowledgment of receipt sent to Amitutti, to the following address:
via Bellavista 43
09048 Sinnai, CA
The communication must include an explicit declaration of their decision to return the order. The withdrawal can also be anticipated by e-mail to the email address firstname.lastname@example.org provided that the communication of withdrawal is confirmed by registered letter with acknowledgment of receipt within the following 48 hours.
C) If you have a certified e-mail account (PEC), just write to email@example.com. As required by current legislation, e-mails sent from a PEC account have the value of registered mail.
7.2 In cases B) and C), the user must also arrange to ship, using a carrier of his choice and at his own expense, within 14 days from the date of communication of the withdrawal, the products purchased to the Amitutti address.
7.3 For all methods of exercising the withdrawal, the products must be returned intact and properly packaged, preferably in their original packaging, accompanied by any accessories. For any further information please contact firstname.lastname@example.org.
7.4 Pursuant to art. 57, paragraph II, of the Consumer Code, the user is responsible for the decrease in the value of the products resulting from the handling of the products themselves other than that necessary to establish the nature, characteristics and functioning of the goods. In this case, Amitutti reserves the right to ask the user to refund the decrease in value found.
7.5 In order to exercise the right of withdrawal, the goods to be returned are not required to be insured against theft and accidental damage from transport. However, since the risk inherent in the return of the goods weighs on the buyer, Amitutti invites the buyer who intends to exercise the right of withdrawal to insure, at his own expense, the shipment for the value indicated in the order confirmation e-mail. of purchase.
7.6 In accordance with art. 56, paragraph III of the Consumer Code, only after the return of the product or only after verifying that the user has returned the goods, Amitutti will proceed, as soon as possible, to refund the user.
The refund amount will be credited to the same payment method used for the purchase, unless otherwise agreed with the user.
The value date of the refunded amount will be the same as the debit. The user's ability to subscribe to current commercial offers remains unaffected.
7.7 Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to products made to measure or customized or which by their nature cannot be returned or are liable to deteriorate or expire rapidly, or sealed goods that do not they can be returned for hygienic or health protection reasons and have been opened after delivery.
7.8 Attention, the costs of the original shipment will be refunded only if the goods received were incorrect or defective upon receipt.
8.1 Payment for products purchased on the Site is made using the following methods:
- Credit cards of the VISA, MASTERCARD and American Express circuits, whose payments will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) protocol with 128-bit encryption.
- PayPal allows you to pay via your credit / prepaid card or via your PayPal account (rechargeable via bank transfer or credit / prepaid card). PayPal does not involve any additional cost for the customer. If you are not already registered on PayPal, you can easily open an account by clicking here.
- Bank Transfer: It is also possible to pay by bank transfer on Amitutti.com. Once the order is completed, we will send you an email with the details of the current account to which to make the payment. We will prepare your order as soon as our bank confirms the order has been credited.
8.2 At the time of transmission of the order, no charge will be made on the credit card used by the user for payment. The charge will be made only after (i) the data of the credit card used by the user for payment have been verified and (ii) the company issuing the credit card used by the user has issued the authorization to charge .
8.3 If the invoice is deemed necessary, the customer is required to communicate it during the purchase process. The information and the procedure for the billing request is available in the FAQ section. The receipt of each purchase will be available in the "My Profile - Orders" section.
8.4 In case of non-payment, Amitutti will charge the costs related to the management of the outstanding payment to the user and will refuse the relative purchase order, communicating it by e-mail.
8.5 Amitutti reserves the right not to accept certain payment methods at its sole discretion.
9. Guarantees and non-conformity of products
9.1 The products offered on the Site comply with the national and community legislation in force in Italy.
9.2 The description of the products offered on the Site is the one that the suppliers, under their own responsibility, have communicated to Amitutti. The images and colors of the products published on the Site may differ from the real ones due to the local settings of the systems and / or the tools used for their display. Amitutti is not responsible for the mismatch between the ordered product and the description of the product on the Site, in the event that the mismatch derives from errors in the description attributable to the supplier and of which Amitutti was not and could not be aware of the use of normal diligence.
9.3 All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers.
9.4 In case of lack of conformity of the purchased products with respect to the description published on the Site, the user has the right to repair or replace the product, without any additional expense, where this is possible in relation to the number of copies still available for sale. and unless the replacement or repair is not excessively burdensome for the seller in consideration of the value that the goods would have, if there were no lack of conformity, and the extent of this defect. Alternatively, the user has the right to terminate the contract or to reduce the price, in accordance with the following provisions.
9.5 The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
9.6 Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods.
9.7 In the event of termination of the contract, Amitutti will refund the price paid by the user, in addition to shipping costs and any additional costs.
In the event of a price reduction, Amitutti will refund the amount of the reduction previously agreed with the user.
In any case, the refund amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase.
The user must agree with the Amitutti Customer Service how to ship the goods.
9.8 Products repaired, modified or in any way altered by the user are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any faults or malfunctions or defects of any other type caused by accidental events or by the user's responsibility or by a use of the product that does not comply with its intended use and / or as provided in the documentation. technique attached to the product, if any, or in the instructions for use relating to the same.
9.9 The conventional guarantees relating to the products sold are those provided directly by the manufacturer.
9.10 Under no circumstances can Amitutti be held responsible for the non-fulfillment of any of the obligations deriving from these General Conditions in the event that the non-fulfillment is caused by unforeseeable circumstances and / or force majeure, including, purely example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
10. Amitutti's obligations and responsibilities
10.1 Amitutti undertakes to correct all errors in the description of the products offered on the Site, as quickly as possible, starting from the notification of the same. The reporting of such errors can be made by contacting Amitutti Customer Service at the addresses and numbers indicated in the introduction.
10.2 Amitutti is not liable in the event of damage, of any kind, deriving from improper installation and / or use of the product and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.
10.3 Amitutti will not be liable in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or in any case connected to contracts subject to the General Conditions.
10.4 The liability of Amitutti, in any case, cannot exceed the total value of the purchase order.
10.5 Under no circumstances can Amitutti be held responsible for the non-fulfillment of any of the obligations deriving from the contracts subject to the General Conditions in the event that the non-fulfillment is caused by unforeseeable circumstances and / or force majeure, including, to purely by way of example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
11. Suspension of the Service
11.1 Amitutti reserves the right to temporarily suspend, without any prior communication, the provision of the Services for the time strictly necessary for the technical interventions necessary and / or appropriate to improve the quality of the same Services.
11.2 Amitutti may, at any time, interrupt the provision of the Service if there are justified reasons of security or breaches of confidentiality, in this case notifying the user.
12. Site Contents and Intellectual Property Rights.
12.1 The contents of Amitutti, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, functions and the software, are protected by copyright and any other intellectual property right of Amitutti and other rights holders. It is forbidden to reproduce, modify, duplicate, copy, distribute, sell or otherwise exploit the images, contents of the Site unless previously authorized in writing by Amitutti. Any use of the contents of the Site for commercial and / or advertising purposes is also prohibited.
12.2 In no case may the user alter, change, modify or adapt the Site or the material made available by Amitutti.
13. Final provisions, applicable law and competent court
13.1 The General Conditions are governed by Italian law.
13.2 For any dispute concerning the General Conditions, the Court of the place indicated by the user as his residence or domicile will be competent, if located in the territory of the Italian State.
13.3 Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may submit a complaint via the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. To this end, we inform you that Amitutti's e-mail address is email@example.com.
13.4 According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 no. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after submitting a complaint to the company, has not received a response within thirty days or has received a response that is not deemed satisfactory by him. The customer who decides to use the Joint Conciliation procedure is obliged to send the application to the address: firstname.lastname@example.org or to the fax number 02/87181126. For more information, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
13.5 If a clause or parts of a clause of this contract were legally invalid, this would not entail the invalidity of the entire contract. Rather, the ineffective provision will be replaced by an effective provision corresponding to its economic purpose. The same applies to any gaps in this contract.
13.6 Amitutti reserves the right to modify these terms and conditions for future activities. Exceptions to this are unacceptable changes, especially of essential parts of the contract, such as key services due, which would be the subject of a change contract.
Pursuant to the Consumer Code, Chapter I of Title III of part III
Status: October, 2019