Terms and conditions of sale
CONDITIONS OF USE AND GENERAL CONDITIONS OF SALE
(These general terms / conditions can be printed or archived by the customer).
EXTREME OF THE SUPPLIER
The website www.carbogang.com, the goods and services indicated therein, the subject of these clauses / conditions of use and general conditions of sale are the property of Carbogang srl, as a company with registered office in Trento, Piazza Duomo 30 - 38122 - Trento (Italy). Carbogang srl is registered with the Trento Chamber of Commerce with VAT number and registration number. to the Business Register 02621070222, and REA number TN - 237908, and with production site in Via del Commercio 11 at Gavazza Logistica - 38121 - Trento (Italy), Legal form of a limited liability company. Email address info@carbogang.com.
1) Acceptance of the conditions of use and general conditions of sale
By using the website www.carbogang.com you express your consent to these Terms of Use and the general terms and conditions; therefore, if you do not accept these conditions in whole or in part, Carbogang invites you not to use the Site and not to download any material from it.
A) CONDITIONS OF USE
2) Site content and services
Carbogang Srl endeavors to guarantee the functionality of the site www.carbogang.com (hereinafter also referred to as "site") and of all the services provided through the site itself; using the site and / or these services you will also be required to comply with the rules of use of these services, possibly additional and supplementing the following.
3) Collection of personal data
By using the website www.carbogang.com and / or the services provided by it, or by sending us e-mails or otherwise, you communicate with Carbogang and allow it to communicate with you in various ways (for example via SMS -text messages-, and -mail etc). Except for the application of mandatory rules, for the purposes referred to in this contract, you agree to receive communications from Carbogang in electronic form and which fully integrate the requirement of written form where provided for by the provisions in force.
Your personal data, acquired by Carbogang while browsing the site, through the use of cookies or following the completion of specific data collection forms, will be processed in accordance with current legislation that you can always consult on the pages referred to in Privacy Policy and Cookie Policy; where required by law, you will be asked for explicit consent for specific purposes.
The Data Controller of your personal data is Carbogang Srl, in the person of the legal representative; by writing to the following address amministrazione@carbogang.com you can, at any time, request information on the processing of your personal data, obtain the updating, correction or integration of the same, as well as the cancellation, transformation into anonymous form or block of the data if processed in violation of the law, oppose the processing according to the provisions of the European law GDPR (EU) 2016/679, by sending a communication to the e-mail address mentioned above.
It is reiterated that the non-acceptance of these conditions of use will make it impossible to use the site.
4) Ownership of the site
The site is the exclusive property of Carbogang Srl, as well as the services related to the use of the site; therefore, the customer and / or purchaser is obliged to exclusively personal use; it is forbidden to use it for commercial purposes and / or that may cause damage / prejudice or prove to be in contrast / illegitimate with respect to the interests, including economic ones, pursued by Carbogang.
Carbogang brand identity and website graphics and communication are owned by Carbogang Srl
Unless otherwise expressed in writing by Carbogang Srl, which can be revoked at any time, none of the contents of the site can be used except as part of the site itself, nor can it be transmitted, distributed or otherwise exploited in any way; however, if the Site is configured to allow the download of particular content, you will be able to download a copy of such content on a single computer or mobile device (depending on the case), for an exclusive personal and private use and without commercial purposes, without: make changes, rent, lease, loan, exchange, sell, distribute, copy (save the reproduction of a single copy of the contents for personal back-up purposes), and / or without creating any based work, in whole or in part, on the site or content. It is forbidden to transfer the contents to another computer or mobile device outside the provisions of the law and, obviously, the commercial use of the same.
5) Account and responsibility of the user of the site
To use the site and / or its contents, you will be required to create an account with the obligation to provide truthful, accurate, current and complete information as well as to update it in case of change. The use of the site, the related services and the sale of alcoholic and non-alcoholic products is allowed only to the adult user. By using the site and related services, you agree not to pretend to be another person, not to declare falsehood on any circumstance concerning your identity as a user of the site, your account and / or password. You will be required to promptly notify by email to amministrazione@carbogang.com any unauthorized use of your username, password or other information relating to your account, or any other breach of security of which you have become aware, that relates to the site or aspects connected to it.
When you use the site, by typing your username and / or password, or any other data relating to your person, you accept and declare the full ownership and availability of the information and content data provided to Carbogang Srl and that their possible use by the company it will not violate any third party rights, nor any current legislation. For these reasons, you undertake as of now to indemnify Carbogang Srl from all requests deriving from the content (s) provided by you; Carbogang Srl has the right, but has no obligation to monitor, modify or remove any activity or content and assumes no responsibility for the content posted by you or by third parties. In addition to the above, you will be responsible for maintaining and safeguarding the confidentiality of the username, password and account, assuming responsibility for any content, information, comment or activity carried out through your / your account both towards Carbogang Srl, and towards third parties.
The data and information published on the site are considered strictly confidential and confidential. It is forbidden for anyone who uses the site to spread viruses or other harmful components, or tamper with, compromise, otherwise damage the site or the connected networks, or otherwise interfere with the use or enjoyment of the site by others. users. Carbogang Srl reserves as of now the unquestionable right to suspend or block your account and the possibility of using the site or part of it, if the conditions of use or special terms relating to a particular service offered through the site or for having violated the current legislation on copyright, confidentiality, fairness and good faith (or other civil, fiscal or criminal law provisions in force) or for having provided for the unauthorized dissemination of the material (even in part) of the site, or for engaging in conduct contrary to public order, morality or good taste.
6) Contents and limitation / exclusion of liability
Carbogang Srl conforms to the standards of correctness, good faith and diligence required by the provisions in force. Where within the site www.carbogang.com there are links to other sites, Carbogang Srl does not guarantee that such data, information and / or contents are correct, complete, reliable, updated or free of errors, not being the sites, other than www.carbogang.com, controlled by Carbogang Srl
Carbogang Srl exonerates from any responsibility for the unavailability of such external sites and / or for the contents, advertisements, products or other materials present or available on such sites or sources. The products indicated on the website www.carbogang.com and the contents therein on the same site are provided "as is" and without warranties of any kind, either express or implied.
The presence and / or availability of a product / document on the site does not mean that the information contained therein has not been modified or replaced by subsequent events or by a document published subsequently. Carbogang Srl may suspend the connection to the site temporarily or permanently due to force majeure (such as failure to supply electricity, natural disasters, public order or other) or for violation of any conditions by the user of the site. of use or general conditions of sale or for violations relating to civil and / or criminal and / or fiscal legislation committed by the user of the site or, finally, for maintenance, improvement, implementation of the site. In such cases Carbogang Srl will not pay any direct and / or indirect reimbursement and / or compensation to the user of the site.
7) Communications of changes / additions / deletions of site content
Carbogang Srl reserves the right to modify and / or integrate these Terms of Use at any time, either permanently or temporarily; you will be promptly informed by Carbogang Srl by e-mail, at the last e-mail address indicated by you, of the changes, additions, variations or cancellations made to the site and its contents and / or the modification will be published on the site (if deemed appropriate by Carbogang Srl at its sole discretion). Where the variations are due to a change / integration of the current legislation, the changes will take effect from the date required by the new legislative and / or regulatory and / or ministerial and / or other provisions. Apart from the aforementioned hypothesis, the changes will take effect, becoming binding for the contractual parties (supplier and consumer / user), starting from the day of the communication of the change or from the publication of the change on the site. In case of non-acceptance of the variation communicated or published, you will have the right to cancel your account.
8) Updating of data by the user of the site
The user of the site or consumer or customer is solely responsible for updating their data, including the email address; if a communication could not reach the e-mail address indicated for reasons attributable to the user (such as failure to update the e-mail address) or for any other reason that prevents delivery, the sending of e-mails made by Carbogang Srl at the last address provided by you will be equivalent to the correct and effective communication of changes / additions / cancellations.
9) Security within the site
The procedures and security measures adopted within the Site comply with the provisions of the IT security regulations, concerning in particular the verification of the origin, integrity, uniqueness and non-modifiability of the origin and confidentiality of the contents / documents published on the Site.
10) Jurisdiction
Any dispute that should arise regarding the interpretation, execution, effectiveness, resolution and in general the fate of these Conditions, will be devolved to the exclusive jurisdiction of the Court of Trento, unless a mandatory forum is provided for by the current European legislation. These Terms of Use are governed by the European Law for Online Commerce and must be interpreted in accordance with that law.
11) Resolution
In case of violations by you of the European legislation and / or of one or more of these Terms of use or general contract conditions, Carbogang Srl reserves the right to terminate this agreement at its discretion by written communication (automatic termination of right) by e-mail and / or registered letter to / r and block your account (including your access to the website www.carbogang.com).
In the aforementioned hypothesis, you undertake from now on and undertake to cease using the site and to destroy all materials obtained from the site and their copies, whether they have been made under these Terms of Use or otherwise.
Any fraudulent, offensive or otherwise illegal / illicit / defaulting or illegitimate activity carried out by you in relation to the civil law, criminal tax law and / or the aforementioned conditions of use constitutes a reason for blocking your account and may be reported to the competent authorities .
The commission by you of one or more violations indicated above and the inactivity of Carbogang Srl towards you, will not entail Carbogang Srl acquiescence in your behavior or waiver of the supplier to assert his rights and remedies in the same or in another situation. of violation (of the rules indicated above), without prejudice to the expiry of the limitation period.
12) Final provisions
Any invalidity and / or ineffectiveness and / or nullity, even supervening, of individual clauses of these Terms of Use does not determine the ineffectiveness or invalidity of the same (or some other clauses thereof). Pursuant to and for the purposes of the Italian and European law on the subject, the following clauses are specifically approved: 1) Acceptance of the conditions of use and general conditions of sale, 2) Site contents and services, 3) Personal data collection, 4) Ownership of the site, 5) Account and responsibility of the user of the site, 6) Contents and limitation / exclusion of liability, 7) Communication of modifications / additions / deletions of the contents of the site, 8) Updating of data by the user of the site , 9) Safety within the site, 10) Jurisdiction, 11) Resolution, 12) Final provisions.
B) GENERAL CONDITIONS OF SALE - OFFER TO THE PUBLIC
1) Definitions
The expression "e-commerce contract" means the contract concerning goods and / or services stipulated between the supplier or the manager of the e-commerce site and the customer, also a consumer, in the context of a remote sales system, organized by the supplier, who exclusively uses one or more telematic communication techniques for this contract. The term "buyer" means the customer (VAT taxable person), consumer who is a natural person who makes the purchase for purposes not related to any commercial or professional activity carried out. The expression "supplier" or manager of the e-commerce site means the person indicated in the epigraph, Carbogang Srl, who sells the goods / provides the services indicated on the site www.carbogang.com.
2) Object of the contract
Through this e-commerce contract, the supplier sells and the buyer remotely purchases, via telematic tools, the tangible movable goods and services that are listed on the website www.carbogang.com. The aforementioned goods and services referred to in the preceding point are available on the website www.carbogang.com which contains the catalog of goods and services offered. This contract is valid only for purchases and deliveries made on European and Swiss territory.
3) Phases for the conclusion of the contract
The purchase and sale contract between the buyer and seller is concluded exclusively electronically; the buyer must formalize his acceptance for the purchase of goods / services provided by the site as follows:
- register on the site, creating your own account (with username and password);
- fill in the form attached to the on-line electronic catalog at www.carbogang.com containing the acceptance form and the consent to purchase, expressed through adhesion;
- send the form, after viewing a web page summarizing the order, printable, which shows the details of the purchaser and the order, the price of the products purchased, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of any right of withdrawal;
- when the supplier receives the acceptance of the order from the buyer, he sends a confirmation e-mail or the display of a web page of confirmation and summary of the order, printable, in which the data are also reported recalled from the previous point;
- as soon as payment for the goods / service has been received, the supplier will proceed to issue the related tax document where required by law, except in the case of cash on delivery where it will be issued at the time of shipment;
- in the event that the buyer wishes to receive an invoice, he will notify the supplier of this when completing the order, providing the data relating to his / her tax code and code / VAT / VAT number.
This contract will not be considered perfected, therefore, ineffective, if what is reported in the previous points is missing. As soon as your product is delivered to the carrier, the same will send you an email or an SMS with the link to track your shipment online.
In the case of a food product, the purchaser will be obliged to verify that the maximum number of hours / days, elapsed between the delivery of the food product to the carrier (time detectable from the Carbogang email of entrustment to the carrier) and the delivery of the same food item to the buyer (or person / body / company / structure delegated by the same to receive), is not more than the number of hours / days certified and always indicated through the aforementioned Carbogang email, suitable to maintain the preservation of the food during transport.
4) Obligation of the purchaser to verify the labeling and indications present.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. 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 for some exceptions in color and size. In the event of a difference between the image and the written product sheet, the title and description of the product sheet are always valid.Therefore, the buyer is invited and obliged to carefully examine the physical goods materially received-delivered, especially with regard the indications on labeling (ingredients, allergens, origin, expiry date, weight, format, etc.) and any other element that has proved decisive in the purchase choice of the goods, made by the buyer. The buyer is invited to accept the goods delivered by the carrier with reserve, ie by declaring verbatim to the carrier "I accept the goods delivered with reserve", signing the delivery of the goods and demanding written indication of reports addressed to the carrier on the presence of dents and / or on the different number of packages and / or on the partial opening of the package or any other obvious and evident damage on the delivered product.
Failing this, the buyer will lose the right to replacement and / or repair and / or refund and / or termination of the contract. This will allow Carbogang Srl to request damages deriving from incorrect transport directly from the carrier (for example in the event of an accident involving the carrier with damage to the packaging of the delivered product).
Variable weight products included in the Site in indicative sizes and weights. The actual weight is determined only when the product is prepared and may vary up to 20% more or less than what is proposed on the Site, while the price remains unchanged.
As for the indication of the country of origin or of breeding / slaughtering of the products, for some types of products (e.g. perishable such as fruit and vegetables) at the time of purchase the country of origin of the product will be indicated, while for meat it will be indicated the country where the animal was raised and slaughtered.
However, in consideration of the type of products and the methods of placing the order - in advance of delivery - it is not always possible to guarantee that the country of origin or of breeding and slaughtering indicated at the time of the order are those available on the day of delivery. .
If the delivered product does not correspond to the purchased one, due to unavailability of the product with country of origin or of breeding indicated at the time of the order, you could be delivered a product of equivalent quality with different country of origin or breeding, or you can activate the return procedure for non-compliance (where required by mandatory legislation).
5) Physical good delivered not compliant with the ordered-purchased good - Return procedure
Where required by mandatory legislation, if the consumer detects a lack of conformity of the goods received, he is requested to immediately notify the seller by e-mail, by writing to support@carbogang.com (no later than 14 (fourteen) days from the discovery of the defect); To assert the legal action, you are asked to attach photos of damaged or non-compliant products / goods to facilitate the resolution of the problem.
Despite the diligence and correctness of the seller / supplier, in the event of a lack of non-conformity (communicated to the supplier in the manner described above), the supplier himself undertakes to collect the non-compliant goods at his own expense and will carry out the appropriate checks on the same.
If Carbogang detects the defect / lack of conformity of the product, it apologizes for the misunderstanding that has occurred and will immediately endeavor to remedy the situation, in accordance with current legislation. The mere variation of the graphic design of the product does not constitute a lack of conformity and / or defect of the product, being a right of the manufacturer.
In general, the low value of the non-compliant (food or non-compliant) goods will allow the consumer to obtain alternatively: 1) either the reimbursement of the price incurred for the purchase of the non-compliant product; 2) or the recognition of a shopping voucher, equal to the value of the non-compliant goods, to be used in future purchases within the following six months from the date of communication of the defect; 3) or, if it is not excessively burdensome for the seller (also in relation to transport costs, labor costs, etc.) and feasible on the basis of the product purchased, the repair or replacement of the non-compliant goods.
6) Methods of payment
Any payment for goods and services purchased by the purchaser can only be made using the methods indicated on the specific page of the supplier's website. The use of the payment methods indicated above may lead to the charge of additional expenses to the purchaser only in the case and to the same extent in which these costs must be borne by the supplier (in relation to the means of payment used by the purchaser).
Before submitting the purchase order, the costs referred to in the previous paragraph will in any case be made available.
7) Methods of reimbursement
Any reimbursement to the buyer will be credited through one of the methods proposed by the supplier and the buyer's choice or the least expensive and onerous method for the supplier; Refunds will be made in a timely manner and in the event of exercising the right of withdrawal, at the latest within 14 (fourteen) days from the date on which the supplier became aware of the withdrawal. The supplier may withhold the refund until the returned product is received.
8) Shipping (Times and Costs)
The delivery costs will be indicated to the buyer before sending the purchase order. The supplier will deliver the movable goods ordered and purchased by the buyer via BRT courier - with tracking, generally within 7 (seven) working days from the date of receipt of payment upon different communication (Eg: pre-order with shipping for a specific day).
Purchases completed and related payments received by Carbogang by 00:00 on any Sunday will be processed by Carbogang on the following day (Monday) or the following working day (therefore excluding holidays);
The goods are considered correctly delivered by Carbogang, both if they are sent directly to the purchaser or to a person delegated by the same and if they are delivered to a structure indicated by the purchaser for receipt, by way of example and not exhaustive drop-off facilities. With the delivery of the goods in the manner indicated above, the supplier is no longer responsible for damage and / or deterioration and / or other damage suffered by the goods after delivery.
We recommend that you group your items in one order. It is not possible for us to group two distinct orders placed separately; therefore, the shipping costs will be charged for each of them. The boxes are single-wave or mailing bags, have adequately large dimensions and your items will be well protected.
9) Prices
All sales prices of the products displayed and indicated on the website www.carbogang.com are expressed in euros. Prices already include VAT and any other tax; the shipping costs and any additional charges, if any, even if not included in the purchase prices will be indicated and calculated by the supplier in the purchase procedure before placing the order by the buyer and also contained in the summary web page of the order placed. The prices indicated for each of the goods offered to the public are constantly updated on the website www.carbogang.com to which reference should be made to determine their validity or variation.
10) Availability of products
The supplier ensures through the electronic system the use, processing and fulfillment of orders without delay. Otherwise, the supplier will contact the buyer to inform him of the delay, looking for the best possible solution by listening to the buyer's needs.
However, there may be some technical times necessary to align / update the online catalog with the availability of the warehouse, such that, even in very rare cases, there could be a discrepancy between the actual availability of the product and the content of the site. , a circumstance that cannot currently be overcome on the basis of the common rules of experience, diligence and correctness and the technical knowledge employed by the ordinary professional in the sector. The supplier's computer system confirms as soon as possible the registration of the order by forwarding it to the user by e-mail or other notification.
11) Limitation of Liability
The supplier assumes no responsibility for disservices attributable to force majeure if he fails to execute the order within the time stipulated in the contract.
The supplier cannot be held liable to the purchaser, except in cases of willful misconduct or gross negligence, for disservice or malfunction of the Internet network beyond its own control or that of its sub-suppliers.
Furthermore, the supplier will not be liable for damages, losses and costs suffered by the buyer as a result of the non-execution of the contract for reasons not attributable to him, since the buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
The supplier assumes no responsibility for any fraudulent and / or illegal use that may be made by third parties of credit cards and other means of payment, upon payment of the purchased products, since from now on declares that it undertakes to adopt all possible precautions based on the ordinary diligence of the operator in the sector.
In no case can the buyer be held responsible for delay or errors in payment if he proves that he has made the payment in the times and methods indicated by the supplier.
Unless otherwise required, the supplier assumes no responsibility for any damage (of any nature) suffered by the buyer or by other subjects for having consumed / ingested food products, if the buyer, or the person / body / company / structure delegated to receive the goods, has alternatively or ascertained that the transport phase of the goods has lasted beyond the maximum number of hours / days certified and indicated by Carbogang by email or has totally or partially failed to carry out this verification.
For food products, it is the sole responsibility of the purchaser (or of the person / body / company / structure delegated to receive the goods) to check the hours / days that have passed from the delivery of the goods to the carrier to the physical delivery of the goods to the purchaser himself or herself. delegate.
In the event that the goods may arrive to the buyer unsuitable for consumption, it is forbidden to consume the food product in question and it is the contractual obligation of the buyer to notify Carbogang by email, who will collect the food product at his own expense. and to carry out the checks deemed appropriate; the procedure for the withdrawal of the goods, verification of the same and any subsequent reimbursement of the price or recognition of a shopping voucher indicated in 5) and 7) will then be put in place.
12) Fault of the injured party - art. 122 consumer code
In the event of a culpable act of the injured party and / or the purchaser, the compensation is assessed according to the provisions of the European law for the e-commerce sector.
Compensation is not due when the injured party and / or the buyer has been aware of the product defect and the resulting danger and yet has voluntarily exposed himself to it.
In the event of damage to a thing, the fault of the owner of this is equated to the fault of the injured party.
13) Liability for defects, proof of damage and compensable damages: the obligations of the supplier
The supplier is responsible for the damage caused by defects in the goods sold, if he fails to communicate, even by e-mail, to the injured party within three months of the request, the identity and address of the manufacturer or the person who supplied him. good. The claim for damage by the injured party must be made in writing by registered letter with return receipt (at the registered office of Carbogang Srl and must indicate the product that caused the damage, the place and the date of purchase (with the documentation relating to . example receipt or invoice) Furthermore, it must contain the offer in view of the product, if it still exists.
The supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product to an imperative legal rule or to a binding provision or if the state of scientific and technical knowledge at the time in which the manufacturer put into circulation of the product did not yet allow to consider the product as defective.
In any case, the injured party must prove the defect of the food product, the damage and the causal connection between defect and damage. The lack of conformity between the ordered / purchased good and the received good excludes the liability of Carbogang Srl for damages (of any nature) deriving from the consumption or use of the good itself, in the case of a discrepancy and / or defect and / o apparent defect, that is detectable with the normal diligence of the average man (who uses the e-commerce channel), through a comparison between the physical good received and the ordered-purchased good.
14) Warranty and assistance methods
The supplier, where required by mandatory current legislation, also in consideration of the nature of the goods, is liable for any lack of conformity that occurs within two years of delivery of the goods, unless an earlier expiry date is indicated.
For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual performance quality of a good of the same type that the consumer can reasonably expect taking into account the nature of the good and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or the its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer which has been brought to the attention of the seller by the latter at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
Always where the nature of the goods allows it and is provided for by mandatory legislation, the buyer loses all rights if he does not report the lack of conformity to the seller within one month from the date on which the defect was discovered (except for expiry dates anterior); the complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it. In the event of a lack of conformity, the purchaser will be able to obtain what has already been indicated in art. 5) of this contract. The request must be received in writing by registered letter with return receipt (to the operational headquarters of Carbogang Srl or by email at support@carbogang.com, confirming the request within 48 hours by registered letter with return receipt.
The supplier will indicate its willingness to proceed with the request or the reasons that prevent it from doing so, within seven working days of receiving the same communication.
The collection of the goods will be carried out by Carbogang, without any charge or expense for the buyer, if obviously the supplier accepts the guarantee and / or assistance request, indicating the methods and times for collecting the goods. It will be the responsibility and responsibility of the buyer to allow the seller to physically collect the goods according to the collection methods applied by the shipper; otherwise, the guarantee cannot be considered effective due to negligent conduct of the purchaser.
15) Obligations of the buyer
The buyer undertakes to read and accept these general conditions of sale.
The buyer undertakes to pay the price of the purchased goods within the times and in the manner indicated in the contract.
Once the online purchase procedure has been completed, the buyer undertakes to print and keep this contract if he deems it necessary.
The buyer undertakes to update his data in order to ensure the correct conclusion of the contract.
The buyer declares, with the conclusion of the contract, that he has read and accepted the general terms / conditions of sale, as well as the conditions of use, also acknowledging them as a conclusive fact, as this step is made mandatory before confirmation. purchase.
16) Right of withdrawal and return procedure
The right of withdrawal is excluded by the legislation of the consumer code in mandatory cases and in particular:
a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional.
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the trader is unable to control and which may occur during the withdrawal period;
c) the supply of goods made to measure or clearly personalized;
d) the supply of goods which risk deteriorating or expiring rapidly;
e) the supply of sealed goods which are not suitable for return for hygienic reasons or related to the protection of health and have been opened after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations in the market that cannot be controlled by the company ;
h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
m) contracts concluded at a public auction;
n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of performance;
o) the supply of digital content by means of a non-material support if the execution has begun with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.)
p) the supply of clothing-type goods for incorrect sizes as indicated in their measurements in the size guide.
Apart from the hypotheses expressly contemplated above, the buyer has the right to withdraw from the entire contract stipulated without any penalty within the term of 14 (fourteen) calendar days, starting from the day:
a) in the case of the sale of a single good or multiple goods ordered by the consumer in a single order and delivered together "from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods. ";
b) in the case of a sales contract relating to multiple goods ordered by the consumer in a single order and delivered separately "from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last good;
c) in the case of a contract relating to the delivery of a good consisting of multiple lots or pieces "from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece. If the consumer exercises the right of withdrawal after submitting a request, he is responsible for paying the professional reasonable costs according to European rules and the consumer code.
The purchaser may communicate the desire to withdraw from the sale contract, either by preparing a declaration of withdrawal himself (to be sent by registered letter with return receipt to the address below) or by using the standard withdrawal form, to be printed, filled in, sign and send by registered letter with return receipt to the address of Carbogang Srl, as a company with registered office in Trento, Piazza Duomo 30 - 38122 - Trento (Italy), or by e-mail to the email address amministrazione@carbogang.com confirmed within 48 hours of sending a registered letter with acknowledgment of receipt to the above address.
The buyer will be reimbursed the full purchase price of all the goods purchased, any additional costs incurred and the shipping costs for standard delivery, even if the buyer had chosen, at the time of the conclusion of the contract, a type more expensive shipping than the standard one made available by the supplier.
The cost of returning the goods will also be borne by the buyer; since these are food products and / or goods which by their nature cannot be returned by post, the return must be made by courier to the address indicated above.
The return of the goods must take place within 14 (fourteen) days from the date of communication by the supplier of the withdrawal. If the returned items show damage or signs of wear deriving from manipulation not necessary to establish the nature and characteristics and functioning of the same, the supplier may withhold from the refund an amount corresponding to the same decrease in value.
The supplier will refund the price within 14 days of receiving the buyer's notice of withdrawal.
The supplier may withhold the refund until the item is received.
With the receipt of the communication with which the buyer communicates the exercise of the right of withdrawal from the entire purchase, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of civil law and the consumer code as well as this item.
17) Causes of resolution
The obligations relating to the obligations of the buyer articles no. 4), 6) and 16) as well as the guarantee of the successful completion of the payment that the buyer makes with the means of payment indicated in article 6), and the obligations assumed by the supplier relating to shipping times are essential, except for what provided for in the next paragraph, so that by express agreement the non-fulfillment of only one of the aforementioned obligations, if not determined by chance or force majeure, will result in the automatic termination of the contract by law, without the need for a judicial decision, becoming effective and operational between the parties by sending a registered letter with acknowledgment of receipt having the aforementioned content.
18) Treatment of the buyer's personal data
In addition to what is indicated in art 1) Acceptance of the conditions of use and general conditions of sale and art. 3) and 4) of the conditions of use of the site, which are an integral part of the aforementioned conditions, the following is made explicit pursuant to Legislative Decree 196/2003. The supplier protects the personal data of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003 n. 196.
The personal and fiscal data acquired directly or through third parties by the data controller supplier are collected and processed in paper, computerized and telematic form in relation to the processing methods with the aim of registering the order and activating the procedures for the '' execution of this contract and the related necessary communications in addition to the fulfillment of any legal obligations as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service, such as for example the sending of commercial and advertising communications (Article 24 paragraph 1, letter b), Legislative Decree 196/2003).
The supplier undertakes to treat the data and information transmitted by the buyer confidentially and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only upon requests from the judicial authority or other authorities authorized by law.
Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activity necessary for the execution of the stipulated contract and communicated exclusively for these purposes. The purchaser has the right to obtain, pursuant to European law: “The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and their communication in an intelligible form.
The interested party has the right to obtain the indication: a) of the origin of the personal data; b) the purposes and methods of the processing; c) of the logic applied in case of treatment carried out with the aid of electronic instruments; d) the identity of the owner, manager and the representative appointed under article 5, paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the State, managers or agents. 3. The interested party has the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. 4. The interested party has the right to object, in whole or in part: a) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; b) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication. "
The communication of personal data by the purchaser is a necessary condition for the correct and timely execution of this contract, otherwise the purchaser's request cannot be processed. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely. The owner of the collection and processing of personal data is Carbogang Srl, to which the buyer can direct his requests to the operational headquarters.
Anything sent to the supplier's e-mail address, including e-mail, requests and suggestions, ideas, material information etc. will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information that is not harmful to the rights of others and truthful; in any case, no responsibility for the content of the messages can be attributed to the supplier.
The buyer gives his consent to the processing of his personal data in accordance with the purposes indicated above; for any further processing purposes, the subject will be asked for a specific and specific consent.
19) Method of archiving the contract
The supplier informs the buyer that this contract can be printed or archived on the buyer's own devices. Pursuant to European law, the supplier informs the buyer that each order sent is stored in digital form locally and remotely and on paper at the supplier's headquarters according to confidentiality and security criteria.
20) Communications and complaints
Written communications addressed to the supplier and any complaints will be considered valid if sent to the following email address amministrazione@carbogang.com or by registered letter with return receipt to Carbogang Srl, Piazza Duomo 30 - 38122 - Trento (Italy). The supplier will promptly undertake to provide service to complaints within a short period of time, necessary to carry out the required activities.
21) Online resolution of consumer disputes (ADR and ODR)
ADR According to the Consumer Code, the customer can make use of the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after having lodged a complaint with the company, has not received a reply within 45 days or has received a reply that is not considered satisfactory by him.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the application by registered mail to the address Carbogang Srl, Piazza Duomo 30 - 38122 - Trento (Italy). or write to the email amministrazione@carbogang.com.
In the event of a dispute, ODR may file a complaint via the ODR platform of the European Union which can be reached at the following link https://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.
22) Jurisdiction
The place of residence of the consumer's elective domicile where provided as a mandatory forum; failing this, the Court of Trento will have exclusive jurisdiction. You can opt in accordance with Directive 2013/11 / EU implemented through Legislative Decree 6 August 2015, n. 130 to the resolution of disputes through the ODR platform (online dispute resolution) https://ec.europa.eu/odr.
This contract is governed by Italian and European law and must be interpreted in accordance with that law