via Vincenzo Bellini,7
Salaparuta
91020
Italy
IT 01555820818
terms of sale
(last updated October 29, 2017)
Premises
These General Terms and Conditions of Sale (hereinafter "General Conditions") concern the distance selling of products (hereinafter "Products" or "Product") through the e-commerce website www.rekale.it (hereinafter "Site") managed by ReKaLé di Pino Oliveri (hereinafter "ReKaLé") as identified below:
ReKaLé by PIno OLiveri
Registered office at Via Vincenzo Bellini No. 07 – 91020 Salaparuta (TP) (Italy)
Registration with REA no. TP-114143
Registration with the Trapani Business Register no. 01555820818
VAT number and Tax Code 01555820818 LVRPNI71D17H688M
e-mail info@rekale.it
Distance sales contracts concluded through the Site are governed, in addition to these General Conditions, by Legislative Decree 206/2005 and subsequent amendments (hereinafter "Consumer Code") and by Legislative Decree 70/2003 and subsequent amendments (hereinafter "Electronic Commerce Decree").
The sales service is reserved for consumers (hereinafter "Clients" or "Client") as defined in art. 3 of the Consumer Code, meaning a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity that may be carried out.
These General Conditions constitute an integral and substantial part of the contracts entered into and concluded through the Site and, pursuant to art. 12 of the Electronic Commerce Decree, can be viewed, stored, and reproduced through the following link.
These General Conditions may be modified at any time, without prejudice to the conditions for contracts already concluded; the new conditions will be available on the Site.
The conclusion of the contract is provided exclusively in Italian.
For information requests, disputes, and complaints, you can use the "Contacts" form available on the Website or write to info@rekale.it.
Site Registrations
Access to the Site does not require registration by the Customer.
To proceed with purchase orders, the Customer must provide, correctly, truthfully, and completely, all the data requested by the "Customer Data" form; such data will be processed in compliance with privacy regulations pursuant to Legislative Decree 196/2003.
If the Customer chooses to store the data entered for future orders, they will receive by email at the address provided the instructions for activating an Account and creating access credentials. The Customer is solely responsible for accessing the Site using their own credentials and undertakes to keep them confidential in order to prevent any misuse by third parties.
Product Information
The characteristics of the Products are listed in the information sheets published on the Site. The images contained in the information sheets are merely illustrative and do not refer to the actual external characteristics of the Product.
The information shown on the label is provided by the manufacturing companies, which are solely responsible for its accuracy and truthfulness. ReKaLé guarantees and is responsible for what is indicated on the label regarding the characteristics of the Product.
The Products available on the Site are limited in number, therefore ReKaLé reserves the right to accept purchase orders based on actual availability.
Product Price
The prices of the Products are expressed in Euro and include taxes and duties; however, they do not include any taxes, duties, and charges applicable in the country of destination of the Products, if different from Italy, which are the responsibility of the Customer.
The price of the Products does not include delivery charges, which will be indicated separately before the order is placed and will be borne by the Customer.
Product Order
On the Site it is possible to order Products from the general catalog and its sections organized into collections.
To order the Products, the Customer must fill out an order form in electronic format and send it to ReKaLé by following the instructions on the Website; for the purpose of filling out the order form in electronic format, the Customer:
• has the possibility to select one or more Products to add to a virtual cart, which can be viewed and modified until the order is submitted;
• you must provide a valid email address and indicate the shipping details, shipping methods, and payment methods; this information will be viewable and editable until the order is submitted;
• you must read and accept the General Conditions, the conditions for exercising the right of withdrawal, and the privacy policy.
By proceeding with the order up to its submission, the Customer declares: to wish to purchase the ordered Products; to be aware of and accept the price, shipping, and payment conditions provided by the order procedure and these General Conditions.
Order receipt confirmation
The submission of the order constitutes a purchase proposal made by the Customer to ReKaLé.
Following the submission of the order, the Customer will receive a confirmation email acknowledging receipt of the order containing a summary of the general and specific conditions applicable to the contract, information regarding the characteristics of the Products with an indication of the price, payment methods, withdrawal, delivery costs, and applicable taxes and duties.
The order receipt confirmation will also include the Customer's data, which the Customer is required to check for accuracy and, if necessary, promptly request a correction.
ReKaLé reserves the right not to accept, even partially, the purchase orders received. In particular, the order will not be accepted if the Products have become unavailable in the meantime and if the Customer has not paid the total cost of the order using the payment methods offered on the Site.
In case of non-acceptance of the order, ReKaLé will inform the Customer, within 30 days from the day following the one on which the Customer placed the order, of the possible inability to accept the order and will refund any amounts already paid by the Customer.
The order will be stored in the Site's database for the time necessary to process it. The Customer registered on the Site, by accessing their area with their login credentials, will be able to view the orders submitted and accepted.
Payment methods
The Customer may pay for the Products, the related taxes and duties, and the delivery charges using the payment methods made available on the Site: Credit Card, PayPal, Bank Transfer.
In the case of payment by bank transfer, ReKaLé reserves the right to accept the purchase order, subject to the availability of the Products, only after the credit has been received in the bank account.
In the event that, for any reason, it is impossible to charge the amounts due from the Customer, the Customer's purchase proposal will be automatically cancelled.
ReKaLé uses third-party tools for payment processing and does not in any way come into contact with payment data. Any data may subsequently be requested for management purposes, for example, for refunds in case of non-acceptance of the order or following the exercise of the right of withdrawal.
For every order placed on the Site, ReKaLé issues an invoice if requested, which will be sent by e-mail or mail to the order holder, pursuant to D.P.R. 445/2000 and Legislative Decree 52/2004. The invoice will be issued based on the information provided by the Customer at the time of the order. No changes to the invoice will be possible after it has been issued.
Shipping and delivery methods
Shipping and delivery costs are borne by the Customer; the amount including VAT related to the order is specified during the purchase process and indicated in the Order Receipt Confirmation.
The shipment of products is carried out by Courier, therefore no responsibility can be attributed to ReKaLé in relation to events or circumstances that may delay or hinder the shipment and delivery attributable to the Courier or to force majeure. The Customer's right to withdraw from the contract remains unaffected.
ReKaLé reserves the right not to accept purchase orders that require delivery outside Italian territory.
The shipping time varies depending on the commercial formula under which the Products were ordered; subject to ReKaLé's acceptance of the Customer's purchase proposal, the estimated shipping time is:
_ 2-5 working days from the closing date of the commercial campaign;
_ 2-5 days from the transmission of the Order Receipt Confirmation for catalog purchases.
In any case, ReKaLé will send the shipping notice by email to the address provided by the Customer, which will include the tracking number to check the delivery status on the Courier's website.
Deliveries will be made to the address indicated by the Customer on working days and during working hours. Upon delivery of the Products by the Courier, the Customer is required to check that the number of packages corresponds to what is indicated in the accompanying document and that the packaging is intact. Any damage to the package and/or Products or any discrepancy in the number of packages must be immediately reported by written reservation on the Courier's delivery receipt. Once the Courier's document has been signed, the Customer will not be able to raise any objection regarding the external characteristics of the delivered package.
ReKaLé cannot be held responsible for delivery errors due to inaccuracies or incomplete information in the completion of the purchase order by the Customer, nor for any damage that may occur to the Products after delivery
In case of non-delivery due to the recipient's absence, the Products will be returned to ReKaLé, who will contact the Customer to arrange a new delivery, with any additional delivery costs to be borne by the Customer.
Delivery times run from the shipping notice and are estimated as follows:
Destination Estimated delivery times
Sicily, Calabria, Sardinia and remote locations 3-5 working days
For the rest of Italy 2-5 working days
Right of withdrawal
Pursuant to Article 52 of the Consumer Code, the Customer may withdraw from the contract for any reason, without having to provide explanations and without any penalty within 14 days from the date of receipt of the Products or, in the case of delivery of goods consisting of batches or multiple pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last batch or piece.
The Customer is required to inform ReKaLé of their decision to exercise the right of withdrawal from the contract through an explicit declaration to be sent within the prescribed terms; for this purpose, the Customer may:
a) use the standard withdrawal form referred to in Annex I, Part B of the Consumer Code or
b) submit any other explicit statement of their decision to withdraw from the contract.
The communication regarding the decision to exercise the right of withdrawal from the contract must be sent by registered letter with return receipt to ReKaLé di Pino OLiveri via Vincenzo Bellini n. 07 – 91020 Salaparuta (TP) or by email to info@rekale.it.
Following the exercise of the right of withdrawal in the manner described above, the Customer is required to return the Products to ReKaLé without undue delay and in any case within 14 (fourteen) days from the date on which they communicated their decision to withdraw from the contract. A copy of the order receipt must be attached to the returned Products.
The Customer is solely responsible for any decrease in the value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Products themselves. Therefore, the Products subject to withdrawal must be returned in good condition and in their original packaging complete in all its parts; in any case, ReKaLé may refuse to accept the withdrawal for food products that have even been partially consumed.Pursuant to Article 59 of the Consumer Code, the following are excluded from the right of withdrawal:
- goods made to measure or clearly customized;
- goods that risk deteriorating or expiring rapidly;
- sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
The direct cost of returning the Products shall be borne by the Customer; this cost is estimated to be a maximum of approximately 15.00 (fifteen) Euros.
The shipment of Products subject to withdrawal, until receipt at our warehouse, is under the complete responsibility of the Customer. ReKaLé is in no way liable for damage or theft/loss of Products returned with uninsured shipments.
ReKaLé will refund the payments received from the Customer, including delivery costs (except for any additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by ReKaLé), without undue delay and in any case within 14 (fourteen) days from the day on which it is informed of the Customer's decision to withdraw from the contract according to the procedures described above.
ReKaLé will issue the refund using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise and provided that ReKaLé does not incur any costs as a result of the refund.
ReKaLé reserves the right to withhold the refund until it has received the Products or until the Customer has demonstrated that they have returned the Products, whichever occurs first.
Guarantees
The Customer who purchases as a Consumer has the right to a 24-month warranty from the date of purchase on products that present conformity defects according to the conditions established by law and provided that ReKaLé is notified of the defects found, using the same procedures provided for exercising the right of withdrawal, within 2 months from their discovery.
To exercise the right of warranty, the Consumer is required to return the Product in its original packaging, accompanied by the invoice or other accompanying documentation.
ReKaLé will provide for the replacement of the product with an identical one or, in case of unavailability, with one of equivalent commercial value.
The costs for returning the disputed Product remain the responsibility of the Consumer, while the shipping costs for the replacement product are borne by ReKaLé.
Service suspension
ReKaLé reserves the right to suspend or discontinue the service, either temporarily or permanently, without prior notice; ReKaLé also has the right to modify the features and characteristics of the Site and the service.
Intellectual property
Textual and graphic content published on the Site is the property of ReKaLé and other rights holders (manufacturing companies with regard to corporate and product images). Therefore, any improper use of intellectual property is prohibited.
Applicable law and competent court
The distance sales contract, referred to in these General Conditions, is governed by Italian law and in particular by Legislative Decree no. 206/2005 and subsequent amendments, with reference to the regulations relating to distance contracts and by Legislative Decree no. 70/2003.
The territorial jurisdiction for the resolution of any disputes arising from the conclusion of distance sales is, in the event that the Customer is a Consumer, that of the court of the municipality of residence or domicile of the Consumer; in all other cases, the competent court is that of Rome.
Online dispute resolution
The European Commission has established an online platform for alternative dispute resolution. This tool can be used by European consumers to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online.
The platform is available at the following address http://ec.europa.eu/consumers/odr/
Processing of personal data
For information on the use of personal data, Users can refer to the privacy policy published on the website.
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