Terms and Conditions
Contract for the Online Sale of Consumer Goods
Supplier Identification: The goods covered by these general terms and conditions are presented for sale by the company Annunziata Srl, identified by tax code and VAT number 12642201003, hereinafter referred to as the “Supplier.”
- The term “online sales contract” denotes the agreement for the purchase and sale of tangible movable goods provided by the Supplier. This contract is formed between the Supplier and the Purchaser through a distance sales system utilizing telematic tools, organized by the Supplier.
- The “Purchaser” refers to the consumer, a natural person, or a company with a VAT number, acquiring the goods for personal and/or commercial or professional purposes, as outlined in this contract.
- The “Supplier” signifies the entity mentioned in the heading or the entity offering information services.
Object of the Contract:
This contract involves the Supplier selling and the Purchaser purchasing tangible movable goods through telematic means, as displayed and offered for sale on the website https://www.apollinarecatering.it.
Modalities for Contract Conclusion:
The agreement between the Supplier and the Purchaser is exclusively established via the Internet network. The Purchaser accesses https://www.apollinarecatering.it and, following the specified procedures, formalizes the purchase proposal for the goods outlined in point 1 of the preceding article.
Contract Conclusion and Effectiveness:
- The purchase contract is finalized upon the accurate completion of the request form and the Purchaser’s consent, manifested through online adherence after viewing a web page summarizing the order. This page includes details such as the ordering party’s information, order specifics, item prices, shipping costs, additional charges, payment methods, terms, delivery address, delivery times, and the existence of the right of withdrawal.
- Upon receiving the order, the Supplier sends a confirmation email or displays a printable web page summarizing the order and containing the details mentioned above.
- The contract is not considered finalized and effective without these elements.
Payment and Refund Terms:
- The Purchaser can only make payments through methods indicated on the relevant web page by the Supplier.
- Reimbursement to the Purchaser will be processed promptly and in a method chosen by the Purchaser, no later than 14 days from the Supplier’s knowledge of the withdrawal, as governed by clause 13, point 2 et seq. of this contract.
- All payment-related communications occur on a secure Supplier line encrypted for protection, with adherence to applicable data protection regulations.
Delivery Time and Method:
- The Supplier delivers the selected and ordered products according to the Purchaser’s chosen or website-indicated methods, as confirmed in the email mentioned in point 4.2.
- Delivery times range from the same day of the order to a maximum of 7 working days from order confirmation. In the event of a delay, the Purchaser is promptly notified by email.
- All product prices displayed on the website https://www.apollinarecatering.it are expressed in euros and constitute a public offer as per Article 1336 of the Italian Civil Code.
- These prices exclude VAT and other taxes. Shipping costs and any additional charges are communicated, calculated, and displayed during the purchase procedure and on the order summary web page.
- The Supplier guarantees prompt processing and execution of orders using its computerized system. The electronic catalog reflects real-time availability information, distinguishing between products in stock and those unavailable, along with corresponding shipping times.
- If an order surpasses the available warehouse quantity, the Supplier promptly notifies the Buyer via email, specifying whether the item is no longer available for booking or providing the waiting time to obtain the selected item. The Buyer is then asked to confirm or cancel the order.
- The Supplier’s computer system expeditiously confirms order registration by sending a confirmation email to the Purchaser, as outlined in point 4.2.
Limitations of Liability:
- The Supplier bears no responsibility for inefficiencies caused by force majeure if the order cannot be executed within the agreed contractual timeframe.
- The Supplier, unless engaging in willful misconduct or gross negligence, is not liable to the Purchaser for issues or malfunctions related to Internet usage beyond its control or that of its sub-suppliers.
- Additionally, the Supplier disclaims responsibility for any damages, losses, or costs incurred by the Purchaser due to non-execution of the contract for reasons not attributable to the Supplier.
- In such cases, the Purchaser is entitled solely to a full reimbursement of the paid price and any associated charges. The Supplier is not liable for fraudulent or illicit use of credit cards, cheques, or other payment methods by third parties during product purchase, provided the Supplier demonstrates the adoption of all reasonable precautions based on the best available knowledge and industry practices at the time.
- The Purchaser cannot be held responsible for payment delays or issues if they can prove compliance with the Supplier’s specified payment timeframe and method.
Warranties and Service Arrangements:
- In the context of this contract, consumer goods are deemed compliant if, where applicable, the following conditions coexist:They serve the ordinary purpose for which goods of the same type are commonly used;(b) They align with the seller’s description and possess the qualities represented to the consumer, whether through samples, models, or other means;(c) They exhibit the usual quality and performance expected for goods of the same type, considering the nature of the goods and any public statements regarding specific characteristics made by the seller, manufacturer, or their agents, especially in advertising or labeling;(d) They are suitable for the specific purpose communicated by the consumer at the contract’s conclusion and acknowledged or implicitly accepted by the seller.
- The Purchaser relinquishes all rights if they fail to notify the seller of a non-conformity within two months of discovering the defect. Notification is unnecessary if the seller has acknowledged or concealed the defect.
- In case of non-conformity, the Purchaser may, under the conditions outlined below, request, at no cost: the Reparation or the replacement of the purchased goods, the Reduction in the purchase price, or the Termination of the contract, unless fulfilling the request is objectively impossible or excessively burdensome for the Vendor per Article 130, paragraph 4, of the Consumer Code.
- The request, sent in writing via registered mail with advice of receipt, should be directed to the Supplier, who must indicate willingness to comply or provide reasons for refusal within seven working days of receipt. If the Supplier accepts the request, details on shipping or returning the goods and the deadline for this action will be communicated.
- If repair or replacement is impossible or excessively burdensome, or if the Supplier fails to address the issue within the specified timeframe, or if the prior repair or replacement causes significant inconvenience, the purchaser may opt for: a suitable reduction in the price or the Termination of the contract.
- In such cases, the Purchaser must convey the request to the Supplier, who, within seven working days of receipt, will indicate agreement or reasons for non-compliance. If accepted, the Supplier will specify the proposed price reduction or the procedure for returning the defective goods. The Purchaser is responsible for specifying how previously paid sums are to be credited in such instances.
Obligations of the Purchaser:
- The Purchaser commits to paying the price of the acquired goods within the timeframe and method stipulated in the Contract.
- Additionally, upon completing the online purchase process, the Purchaser agrees to print and retain a copy of this contract.
- The Purchaser acknowledges having viewed and accepted the information contained herein, as this step is mandatory before confirming the purchase.
Right of Withdrawal:
- The Purchaser retains the right to withdraw from the entered contract without penalties or the need for specific reasons within 14 (fourteen) days from receiving the purchased goods.
- However, the goods must be returned no later than 14 (fourteen) days from the receipt date. To qualify for a full refund, the goods must be returned in an intact and normally preserved state.
- The only costs borne by the consumer for exercising this right are the direct return costs, unless agreed otherwise with the Supplier.
- The Supplier will refund the entire amount within 14 (fourteen) days of receiving the withdrawal notice.
- Upon receiving the withdrawal notice, the contractual obligations of both parties are discharged, with conditions outlined in prior sections of this article remaining applicable.
Archiving the Contract:
- In adherence to Article 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order is digitally or physically stored on the server or at the Supplier’s premises, maintaining confidentiality and security standards.
Communications and Complaints:
- Valid written communications and complaints to the Supplier must be directed to the email address email@example.com. The Purchaser is required to provide their residence or domicile, telephone number, or email address on the registration form for Supplier communications.
Settlement of Disputes:
- In the event of legal action, the competent court is the Court of Spoleto.
- This contract is governed by Italian law.
- Any matters not explicitly addressed herein shall follow the applicable legal rules for the relations and cases covered in this contract, particularly Art. 5 of the legislation.
- Pursuant to Article 60 of Legislative Decree 206/05, the rules contained in Part III, Title III, Chapter I are hereby expressly referred to.
– Annunziata Srl: The entity possessing ownership rights over the equipment and movable goods.
– Goods: Items specified in the relevant catalogue forming the subject of the rental agreement.
– Client: The recipient, user, or individual utilizing the rented goods independently or in conjunction with the person placing the order.
These general terms and conditions govern the relationship between Annunziata Srl and the Client concerning the regulations governing the rental of movable goods as identified in the relevant catalogue.
3. DELIVERY AND COLLECTION – PROHIBITIONS:
Annunziata Srl will deliver the contracted goods to the location specified by the Client in the order, and the Client will make them available at the same location. Use of the goods for purposes other than those stipulated in the rental agreement is prohibited. Upon delivery, the Client must verify:
(a) The goods are in perfect working condition and ready for use.
(b) The goods comply with all prevailing safety regulations related to their type, with the Client assuming responsibility for this declaration and its consequences.
It is understood that the goods may not be sub-rented, sub-loaned, given to third parties, or relocated from Annunziata Srl’s delivery location, subject to payment of the full value of the transported goods. Delivery is considered completed at the location indicated by the client. Any additional handling required for delivery or collection will be charged at a rate of €25.00 per hour per person. Annunziata Srl is not responsible for delivery delays caused by factors beyond their control.
4. CUSTOMER’S OBLIGATIONS:
The Customer agrees to use the goods solely for specified activities and to exercise due care. Qualified and trained personnel must operate the goods, adhering to Annunziata Srl’s usage guidelines. The Customer must promptly inform Annunziata Srl of any faults or malfunctions and comply with safety regulations, particularly those outlined in legislative decree D. Lgs. 81/2008. Annunziata Srl retains the right to access the goods’ location for inspections at any time to ensure compliance with specified obligations. The Customer commits to returning the goods in their initial condition at the contract’s conclusion, accounting for normal wear from permitted use. Both parties will document a concise return report with a description of the goods and their state. Within 10 working days of the return, Annunziata Srl will communicate any missing or damaged goods, assigning relevant costs. If no communication occurs within this timeframe, the goods are considered returned in the conditions outlined above.
The Customer assumes full and exclusive civil, criminal, and administrative responsibility for all consequences arising from the possession and use of the rented goods, from the moment of delivery until their return, taking on the role of custodian during this period. The Customer commits to immediately communicate any incidents or malfunctions (damage, loss, theft, misplacement, etc.) related to the rented goods to Annunziata Srl, through the submission of a written communication and/or a copy of any incident report sent to the insurance company. In the event of total or partial replacement of the rented goods due to incidents or malfunctions, Annunziata Srl will directly handle their repurchase and/or restoration, and replacement. However, all costs will remain the responsibility of the Customer. If protective or enforcement acts are taken on the goods by creditors or those claiming rights from the Customer, immediate communication must be provided to the Customer, and this information must be presented to the relevant authorities, with the presentation of this contract.
The validity of quotes remains until the order confirmation, which must be received by the indicated date. The Client should send a signed copy of the quote for acceptance, along with a copy of the down payment bank transfer to the specified account and necessary data for transport documents and invoicing. Quotes expire after this period, along with their corresponding quotations. Quotes issued by Annunziata Srl are not binding until accepted by the Customer.
Prices are exclusive of VAT, and any assembly and disassembly by our qualified personnel will be calculated at €25.00 per hour. For work performed during overtime, nights, Saturdays, and Sundays, a 10% supplement based on working hours will apply. If transported material is unused, the entire rental amount will be charged. The minimum rental duration, corresponding to the listed price, is 24 hours. For periods exceeding 24 hours, the rental price is determined based on the conditions specified in the order.
Unless otherwise agreed in writing between the parties, payment should be made as follows: 30% of the rental value upon ordering; the balance before delivery, upon presentation of an invoice. Any delay in payment will automatically result in formal notice and the application of late payment interest as per Legislative Decree 231/01.
9. CONTRACT TERMINATION/DAMAGES/PENALTIES
Annunziata Srl may terminate the contract automatically, without the Customer making any damage claims, if the Customer has not paid the required deposit, unless otherwise agreed. The Customer may terminate the contract by paying the following penalties: Within 7 days from the rental date, 10% of the total amount quoted; Within 3 days from the rental date, 30% of the total amount quoted; Within 2 days from the rental date, 50% of the total amount quoted. Annunziata Srl will charge the Customer for all damages resulting from the Customer’s failure to fulfill their custody obligations. In case of early return of the equipment, Annunziata Srl is not obliged to provide any refund.
The option to withdraw from the contract is available within 14 days from its signing.
For matters not covered by this contract, the provisions of the civil code apply. The Spoleto Court will have jurisdiction over any disputes.
12. CONFIDENTIALITY AND PERSONAL DATA PROCESSING
In accordance with Article 12 of Legislative Decree 196/2003 (Privacy Code and subsequent amendments and additions GDPR General Data Protection Regulation – Regulation 2016/679), personal data regarding the Customer will be processed by Annunziata Srl for order fulfillment and will not be disclosed to third parties. The data may be used to inform about the Company’s activities. The provider can exercise rights expressed by Article 6 of Legislative Decree 196/2003 (Privacy Code and subsequent amendments and additions GDPR General Data Protection Regulation – Regulation 2016/679): confirmation of data existence, origin, purpose, updates, deletion, and the right to object. To exercise these rights, reference should be made to the Data Processing Officer of Annunziata Srl. The Parties mutually authorize each other to communicate their respective personal data to third parties regarding obligations related to the rental contract (ex Legislative Decree 196/2003).