General Terms of Sale (entered into force in 01.09.2017)
The following General Terms of Sale regulate supply and sale of the products on the website www.pepegusto.com.
Products and/or services purchased on the Website (www.pepegusto.com) are supplied and sold by PLIKXY S.R.L. ; a company with registered office in Via Divisione Acqui 4/2, Illasi - Verona, 37031, Italy, registered at Verona Business Register REA VR 427876, and VAT registration number 04526910239.
The website is owned by PLIKXY S.R.L. which is also the owner of name and domain of the Website www.pepegusto.com.
1. AREA OF APPLICATION
1.1 The products sale through the website (Products) represent a distance contract pursuant to Chapter I of Title III (Articles 45 et seq.) of the Legislative Decree 6th September 2005, n, 2006 (Consumer Code) and of the Legislative Decree 9th April 2003, n. 70, containing the e-commerce regulation.
1.2 The present General Terms of Sale are applied to all the sales made by PepeGusto on its Website.
2. PURCHASES ON THE WEBSITE
2.1 The access to the sales made through the Website is exclusively reserved to users that are 18 years of age or older.
2.2 The access to the offers on the Website is allowed to user that are consumers as well, as defined in the Article 3, co.1, let. A, of the Legislative Decree 206/2005 of the Consumer Code, meaning those assets for being physical people that, in relation with the Products purchase, act with purposes that are unrelated with commercial activities, as well as artisanal, entrepreneurial or professional, potentially carried out.
2.3 PepeGusto reserves the right to refuse or delete orders that have been effectuated by:
(I) an user with who the company has legal disputes underway;
(II) an user that has previously violated the present General Terms of Sale and/or the
conditions and/or the terms of the purchase contract with PepeGusto;
(III) an user that have been involved in any kind of fraudulent activities and particularly
frauds related to payment with credit cards;
(IV) users that gave fake identification data, as well as uncomplete or incorrect, which
means those users that hadn’t sent in a timely manner the documents that have been required by PepeGusto, based to the present General Terms of Sale, or that had sent invalid documents;
(V) an user that can’t provide enough solvency guarantees.
3. REGISTRATION TO THE WEBSITE
3.1 The Products purchase on the Website is available for registered users, either the no- registered ones. The registration to the Website is free. In order to register to the Website, the user has to fill the registration form on the Website, specifying his name, family name, email and password.
4. INFORMATION AIMED TO THE CONTRACT CONCLUSION
4.1 In accordance with the Legislative Decree 9th April 2003, n. 70, bearing provisions on e- commerce, PepeGusto informs the user that:
The contract is concluded when the order module reach PepeGusto’s server;
Once the order module will be registered and the confirmation for the authorised payment will be received, PepeGusto will send to the email address provided by the user, the confirmation of the order; which will include the information regarding the purchased Products characteristic, prices details, the means of payment that has been used, information regarding the right to withdraw, delivery costs and other possible additional cost, the contract duration, where appropriate, and the Costumer Service contacts. PepeGusto recommends to keep the order confirmation email as a proof of purchase. The General Terms of Sale applicable to the order will be attached to the shipping confirmation email, as well as the model instructions on
withdrawal and the model module on withdrawal referred to the Article 10;
The order module will be filed in PepeGusto’s database for as long as necessary for the fulfilment of the order, respecting the legal conditions. The user that is registered to the Website will be able to check his order through his personal
account on the website.
4.2 The language available to users for the contract conclusion are Italian and English. The
Costumer Service is able to communicate to users in this two languages.
5. VALIDITY OF PRICES
5.1 All the Products prices are expressed in Euro (€) including the Italian Value-Added Tax (IVA). Delivery costs and any other possible additional cost (expressed in Euro including IVA) will be expressly and separately specified in the order module, before the user will proceed with it, as well as the order confirmation.
5.2 The Products prices can be modified by PepeGusto at any time, without notification, on the understanding that the price charged to the user will be the one on the information document which show the main characteristics of the Product (Product Document), at the time of order. Eventual price changes (increased or decreased) followed the placing of an order, won’t be considered.
5.3 Products discounts could be offered on the Website. The full price on the Website (Strikethrough Price) is the one which is used to calculate the discount applied by PepeGusto, and it could correspond to:
(I) the list price for the general public specified by the supplier;
(II) based on the results given by recording market prices.
6. PURCHASE ORDER – PRODUCTS INFORMATION
6.1 PepeGusto will give effect to the purchase order. It will proceed with the order shipping only after it will have received the confirmation of the authorised payment of the total amount due, formed by the purchase price, delivery costs, if expected, and any other possible additional cost, as specified on the order module (Total Amount Due). In case the Total Amount Due won’t be paid, which means that the success of the payment won’t be confirmed, the purchase contract shall be deemed terminated pursuant to the Article 1456 of the Italian Civil Code. The user will be immediately warned about the contract
dissolution and the following order cancelation through the Website, straight after the
transmission of the order.
6.2 The Products will still remain PepeGusto’s property till the Total Amount Due will be fully
paid by the User. The risk of loss or damage of the Products (for reason beyond the control of PepeGusto) instead, will be transferred to the user once the user, or a third person designated by the latter and different from the transporter, will take physical possession of the Products.
7. PRODUCTS AVAILABILITY
7.1 The Products offered on the Website are in a limited number. Therefore, it could happen that the Product that have been ordered could not be available anymore after the purchase order has been transmitted, even due to the possibility that more than one user could purchase the product at the same time.
8. DELIVERY OF THE PRODUCTS PURCHASED
8.1 The delivery of the Products purchased are made in Italy and in the following Countries: Austria, Belgium, Denmark, Finland, Germany, Hungary, Ireland, the Netherlands and United Kingdom.
8.2 The delivery costs are borne by the user, unless otherwise specified during the purchasing process and/or in other part of the Website. For purchases with a total amount exceeding €149,00, the delivery costs are borne by PepeGusto. The total amount of the delivery costs owed to the user and the delivery terms will be specified during the purchasing process, in the order recap and the order confirmation email. In case of a failure to disclose of a specific delivery term, it will take place anyway within 30 days with effect from the date of the conclusion of the contract.
8.3 The delivery obligation is fulfilled once the physical Product(s) or the control of it(them) is transferred to the user.
It’s up to the user to verify the conditions of the Product that have been delivered. On the understanding that the risk of loss or damage of the Products (for reason beyond the control of PepeGusto) will be transferred to the user once the user, or a third person designated by the latter and different from the transporter, will take physical possession of the Products, PepeGusto suggests to the user to verify the number of Products received and if the package is intact, not damaged, and neither wet or in any other way altered, as well as the closure materials; therefore is being asked to the user, in his interests, to specify on the transporter’s transport document any anomalies, accepting the package under reserve. In case the package shows evident signs of tampering or alteration, PepeGusto suggests to the user to adequately notice it to PepeGusto. The application of the rules on the right of withdrawal and the legal guarantee of conformity remains unchanged anyway.
8.4 The delivered will be made, unless otherwise specified, the courier DHL from Monday to Friday, during the normal office hours (from 9.00am to 6.00pm), except for the national public holidays. PepeGusto reserves the right to use other couriers, respecting the delivering terms specified.
8.5 The user must take note that the collection of the Product is a clear duty conferred by the purchase contract. In case of non-delivery due to the absence of the addressee of the address that has been specified on the order module, the courier will provide to contact the user. After 2 failed delivery attempts, the package containing the Product will be stored and, based on the instructions given by PepeGusto or the user, the courier could deliver the packaging to a different address, or arrange a held for pickup, which means delivering back
to PepeGusto the package. The user must take note that, after 30 days from when the package has been sent back to PepeGusto, the contract will be considered terminated while the purchase order will be cancelled pursuant to the Article 1456 of the Italian Civil Code. Once the contract will be terminated, PepeGusto will proceed with the refund of the Total Amount Due, if already paid by the user, writing off the delivery costs of the Products that failed the deliver, as well as the return costs to PepeGusto and any other possible additional cost PepeGusto had to bear, due to the non-delivery caused by the addressee’s absence. The Contract resolution and the amount of the refund will be notified to the user through email. The amount of the refund will be credited to the means or the payment solution used by the user for the purchase.
In case the user will ask to receive the Product purchased again, before the 30 days above, PepeGusto will proceed with a new delivery, subject to charge the costs of it, as well as the return costs to PepeGusto and caretaking costs.
8.6 In case the Product purchased won’t be delivered, or delivered late compared to the delivery terms specified during the purchasing phase and in the order confirmation, it will be applied what specified by the Article 61 of the Consumer Code.
8.7 On the assumption of the termination of the purchase contract ex Article 61 of the Consumer Code, PepeGusto will refund to the user the Total Amount Due without undue delay. In any case, PepeGusto undertakes to notify the user, in a timely manner and through email, about the delivery delay, specifying at the same time, if possible, the new delivery terms.
8.8 The user must take note that the Article 7 of the Law 8th November 2012, n. 189, converting Decree-Law 13th September 2012, n. 158, forbids to sell wine to users that are under 18 years of age and the delivered can only be made to users that show to be 18 years of age or older, with the exclusion to deliver to P.O. boxes.
9. MEANS OF PAYMENT
9.1 The Products payment can be made through the payment solution PayPal.
9.2 The Total Amount Due will be charged from PayPal to the user at the same time as the conclusion of the contract through the Website. On the assumption of the termination of the purchase and any other case of refund, for any reason whatsoever, the total amount of the refund will be credited on the user’s PayPal account. The deposit times on the means of payment linked to the PayPal Account only depend on PayPal and the banking system. Once the deposit order will be arranged for the PayPal Account, PepeGusto can’t be held responsible for any possible delays or deposit omissions to the user of the refund amount,
to contest them, the user will have to notify directly PayPal.
9.3 After every purchase, a receipt of purchase will be sent to the costumer. For the issue of
the invoice, the information for this purpose provided by the user will be relied on. He declares and guarantees for them to be true, obliging himself to keep PepeGusto unscathed and relieved from any kind of impairment, including penalties that have been delivered by competent authorities, may it arise in case of failure of corresponding to the truth.
10. RIGHT OF WITHDRAWAL
10.1 The user, which is the consumer, has the right to withdraw the contract with PepeGusto, without having to pay different additional costs, except for the ones expected in the present article, and specifying the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
In case of an order of only one Product, starting from the day in which the user or a third person designated form the latter and different from the transporter, takes physical possession of the Product;
In case of a multiple order with separated deliveries, staring from the they in which the user or a third person designated from the latter and different from the transporter takes physical possession of the last Product.
10.2 In order to exercise the right of withdrawal the user has to inform PepeGusto about his decision regarding the withdrawal, before the expiry date of the Withdrawal Period.
10.3 For this purpose, the user could:
a. Filling the withdrawal module form (Withdrawal Module Form) on the Website and
attached to the dispatched confirmation email;
b.Submit any other kind of unequivocal statement about his decision to withdraw the
contract (Withdrawal Statement).
The Withdrawal Module Form or the Withdrawal Statement must be sent to: PLIKXY S.R.L., Via Divisione Acqui 4/2 (37031) ILLASI VR Italia; email: email@example.com.
10.4 The user will be considered to have exercised his right of withdrawal within the Withdrawal Period, if the consumer will notify his intentions to exercise the right of withdrawal before the Withdrawal Period has expired. In case the user will use the Withdrawal Statement, PepeGusto exhorts the user to specify on the Withdrawal Statement the order number, the Product(s) for which the user wants to exercise the right of withdrawal and his address. Since the user is responsible for the burden of proof concerning the exercise of the right of withdrawal before the Withdrawal Period will expired, it’s on the user’s interest to make use of a durable medium when communicating his withdrawal to PepeGusto.
10.5 In case of withdrawal, to return the Product, the user is allowed to use his trusted courier: in this case, the user, after he had exercised the right of withdrawal with the same conditions as those set out in Articles 10.03 and 10.4 that precede, has to the Product to PepeGusto, using the courier (at his own expense), without undue delay and within 14 calendar days since the date in which he notified to PepeGusto his decision to withdraw the contract. The deadline is met if the user sends back the Product before the period of 14 days has expired. The product, adequately protected and packed, has to be dispatched to the following address: PLIKXY S.r.l.., Via Divisione Acqui 4/2 (37031) ILLASI VR Italia. The delivery costs for the return of the Product to PepeGusto are borne by the user. The return of the Product to PepeGusto is done under the user’s responsibility; the Product will be defined as returned when it will be delivered to the courier.
10.6 In case the user will withdraw the contract, PepeGusto will proceed with the refund of the Total Amount Due paid by the user in order to purchase the product, including the delivery costs, if applicable, without undue delay and within 14 calendar days since the date in which PepeGusto has been notified of the user’s decision to withdraw the contract; the refund costs are not included. The refund will be done by using the same means of payment used by the user for the initial transaction; the costs as a consequence of the refund won’t be borne by the user.
The refund could be suspended till the products will be delivered or till the user will proof to have dispatched the Products, whichever is earlier.
In case of a return of goods that, because of their nature, can’t be normally refund through the postal service, in the Withdrawal Information Form will be specified the estimated costs for the refund of those Products. The Withdrawal Information Form, containing the information about the exercise of the right of withdrawal, is made available to the user on the Website, before the conclusion of the contract, through a specific link and the link “Get Help” on the Website footer, as well to the dispatched confirmation order email.
10.7 In case of partial withdrawal of multiple orders, the amount of the delivery costs to refund to the user will be calculated proportionally to the value of the Product object to the withdraw. For example, if the user made an order of a total amount of €200,00, which includes two Products, the first one with a value of €50,00 and the second one with a value of €150,00, and he returns the Product that worth €150,00, as a refund he will receive a total amount equal to the 75% of the total delivery costs he had to pay. Anyway, the total amount of the delivery costs to refund would never be more that the one actually
paid by the user.
10.8 The user shall only be liable for any kind of decreased value of the goods resulting from
the handling of the goods other that what is necessary to establish the nature, characteristics and functioning of the Product. In any case, the Product will have to be guarded, handled and inspected with a normal diligence and return it intact, complete in its every single part, with all its accessories and the package leaflets, with identifications placards, tags and disposable seals, where present, still attached to the Product and intact and not tempered with, as well as perfectly suitable for use which is intended and without any signs of damage or dirt. Furthermore, the withdrawal is applied to the Product in its entirety. Therefore, it can’t be exercised in relation to sections and/or accessories (which are not separate Products) of the Product.
10.9 In case the right of withdrawal wasn’t exercised in accordance with what expected by the applicable legislation, it won’t entail the resolution of the contract and, consequently, it won’t give the right for any kind of refund. PepeGusto will notify it to the user within 5 working days since the Product delivery, declining the withdrawal request. The Product, if PepeGusto has already received it, will remain at PepeGusto available to the user for the collection, which will be borne and under the responsibility of the same user. This article is applied as well as in case the user used the Product in different ways compared to the information that is on the package containing the Product or sent through email by PepeGusto.
10.10 In case the Product, for which the withdrawal has been exercised, suffered a decrease of its value resulting from the handling of the goods other that what is necessary to establish the nature, characteristics and functioning of the Product, the amount of the refund will be reduced equal to the decreased value. PepeGusto will notify the user about the circumstance and the followed reduced amount of refund, within 5 working days since the Product delivery, providing to him, in case the refund was already been paid, the bank account details for the payment of the amount due by the user because of the decreased value of the Product.
10.11 In case there is no legal right of withdrawal, it will be specifically and expressly notified the disqualification of it in the Product Fiche and, in any case, during the purchasing process, before the user will proceed with the transmission of the order. PepeGusto reminds to the user that, pursuant the Article 59 of the Consumer Code, the right of withdrawal doesn’t exist even in the case the sale has as subject:
(I) Products that are risking to deteriorate or expiry rapidly;
(II) Products that have been sealed, and that cannot be return for hygienic reasons or
in order for health protection, that have been opened after the delivery.
11. LEGAL GUARANTEE OF CONFORMITY
All the Products that are sod on the Website are under the Legal Guarantee of Conformity expected by the Articles 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee).
The Legal Guarantee is reserved to the consumers.
12. APPLICABLE LAW AND COMPETENT COURT; OUT-OF-COURT SETTLEMENT SCHEME FOR DISPUTES – ALTERNATIVE DISPUTE RESOLUTION/ONLINE DISPUTE RESOLUTION
12.1 The contracts concluded between the users of the Website and PepeGusto are regulated by the Italian Law. Without prejudice to the application of eventually more favourable and mandatory provisions excepted by the Law of the Country of residence of those users whose habitual residence is not in Italy, in particular related with the deadline to exercise the right of withdrawal, the deadline for the return of the Product, in case of exercising the right of withdrawal, the process and the formality to notify it and the legal guarantee of conformity.
12.2 PepeGusto reminds that in case of a user /consumer, for every dispute related to the application, execution and interpretation of the present General Terms of Sale, the court where the user’s residence is or where he’s domiciled will be in charge.
12.3 Pursuant to the Article 141-sexies, comma 3 of the Legislative Decree 6th September 2005, n. 206 (Consumer Code), PepeGusto informs the user qualified as consumer (referred to the Article 3, comma 1, let. a of the Consumer Code) that in case he presented a complaint directly to PepeGusto, following which it was not possible to solve the dispute arise, PepeGusto will provide the information related to the Alternative Dispute Resolution entity/entities for the out-of-court dispute resolution, related to obligations arises from a contract concluded according to the present General Terms of Sale (so- called ADR, as specified in the Articles 141-bis et seq. Consumer Code), specifying if he intends to make use or not of these entities to sole the same dispute.
PepeGusto informs as well the user qualified as consumer (referred to the Article 3, comma 1, let. a of the Consumer Code) that it has been established a European electronic platform for the online resolution of the consumers’ disputes (so-called ODR platform).
The present ODR platform is available at the following link: http://ec.europa.eu/consumers/odr/ ; thanks the ODR platform the user/consumer can consult the ADR entities list, with relative link to the website of each of them, and start an online resolution procedure for the dispute he has been involved.
Any user’s right to appeal to an ordinary judge that’s competent of the dispute originated by the present General Terms of Sale shall be preserved, whatever the result of the out- of-court settlement of the disputes related to the consumer rapport by complaining to the procedures referred to the Part V, Title IIB of the Consumer Code.
12.4 The user which residence is in a EU Member State different from Italy, can also access, for every dispute related to the application, execution and interpretation of the present General Terms of Sale, to the European procedure that has been established for modest disputes, from the Council Regulation (EC) n. 861/2007 of 11th July 2007, on condition that the value of the dispute won’t be more, excluding the interests, rights and expenditure, than €2.000,00. The text of the Council Regulation is available on the website www.eur- lex.europa.eu.
13. CUSTOMER SERVICE AND COMPLAINTS.
13.1 It is possible asking for information, sending communication, asking for customer assistance or complaining as well, by contacting the Customer Service through the following procedures:
By Postal Service, to the address PLIKXY s.r.l., VIA DIVISIONE ACQUI 4/2 37031 ILLASI VR - ITALY;
By Email, to the address firstname.lastname@example.org ;
By phone call, to the number +393939012363;
By the contact module on the website, at the following link:
By the Chat Service on the Website.
13.2 PepeGusto will reply to the complains that have been presented within 5 working days, since the receipt of these.