General Conditions of Sale
THE JANASHOP INVITES YOU TO READ THESE "TERMS" (ESTABLISHED BY SECTION CALLED "CONDITIONS OF SALE" BEFORE YOU PURCHASE SITE OF PRODUCTS AND / OR SERVICES. THESE "TERMS" MUST BE ACCEPTED IN TIME OF PURCHASE, TOGETHER (IN CASE OF REGISTRATION SITE WWW.JANASHOP.IT CARRIED ON BEFORE November 8, 2013) THE "PRIVACY" OF JANASHOP IN FORCE FROM November 8, 2013 AND AVAILABLE SEPARATELY SITE WWW.JANASHOP .IT.
"CONDITIONS OF SALE"
Update June 13, 2014
Foreword - Effectiveness of the General Conditions - Modifications
These General Conditions of Sale (hereinafter, the General Conditions) have as their object the regulation of purchase of products and services, from a distance and made available via the Internet, from the site www.janashop.it (hereinafter, the Site).
2.- The products made available from the Site are made mainly from food and drink (such as foods, wines, beers, liquors, spirits and other) typical of the region of Sardinia; services made available on the Site are those associated with the sale of the abovementioned products. All products and services offered detailed description of the home page of the site within their own sections, broken down by product category ("Craft Beer", "Spirit Sardo").
3.- Professional under Article 3, paragraph 1, letter c) of the Consumer Code is Janashop (hereinafter, "Janashop"), headquartered in Via Melvin Jones, 1 - 09016, Iglesias (CI), PI IT03643720927, registered with the Register of Companies of Cagliari at REA n. CA - 286873.
4. All purchases of products and services provided through the Site (hereinafter the Purchase Contracts) by users who have access to it (hereinafter the Customer) are governed by the General Conditions and by other provisions and operating instructions in site. in case of conflict between the provisions of the aforesaid provisions and operating instructions and the contents of the General Conditions, the latter shall prevail.
5. Each operation and / or condition of any payment granted to the customer notwithstanding the General Conditions will only be valid if the Janashop has accepted this condition in derogation writing.
6. The provisions of these Terms and Conditions apply equally to all customers, except for those provisions for which is expressly provided for the applicability only to Customer Consumers. "Customer Consumer" means a natural person who purchases the products or services offered by the Site for purposes unrelated to business or professional activity; the effects of these General Conditions, it is assumed that there is "Customer Consumer" the customer to send a direct offer of products or services simultaneously inserting their VAT registration area of the site relative to the data of the customer. To Purchase Contracts entered into by Customer Consumers also apply to Articles 45 to 67 of Legislative Decree. N. 206/2005 (the "Consumer Code").
7.- The Janashop invites each customer to read carefully before making each purchase transaction, the General Conditions and, once the purchase procedure provided by the Site, to print and keep a copy or save an electronic copy understanding that the Janashop shall send a copy via e-mail to each customer consumer with the confirmation of the purchase.
8. Without prejudice to Article 49, paragraph 5 of the Consumer Code, the Janashop may change at any time and without notice, the contents of the General Conditions set out in this document. Any amendments which may be made effective from the date of publication on the Site, as declared in the header of the General Conditions the same, and, except for the changes more favorable to the customer, will be applicable only to contract proposals (or orders) of purchase sent by the customer pursuant to art. 9 of these General Conditions after the date of publication.
9. The customer can buy the products in the electronic catalog of Janashop, detailed description of the home page of the site within their respective sections by product category, as described in the relevant information sheets contained in the Site, respecting the technical procedures of access illustrated therein. The publication of the products and services displayed on the Site constitutes an invitation to the customer to make a purchase contract proposal. The order submitted by the Customer has the value of the contract proposal and involves the full knowledge and full acceptance of these General Conditions.
10. The correct receipt of the proposal took place the customer is confirmed by the Janashop with an automatic response sent to the email address supplied by the customer and only confirms the correct reception of the proposal within the information systems. This confirmation message will indicate a 'Customer Order Number', to be used in any subsequent communication with Janashop. The message will include, in addition to the information required by law, all data entered by the customer who agrees to verify the correctness and communicate any corrections.
11. Each order can be viewed by the Customer on the Site, in your personal area, immediately after sending the order. Until the moment of successful order fulfillment by Janashop (communicated to the customer through the updating of the information contained in his personal area) the customer has the right to modify or cancel the order, exclusively through the specific functions of access and intended change o in this area staff.
12. Each Purchase Agreement entered into between the Janashop and the Customer shall be concluded with the acceptance by the Janashop. the Janashop has the right to accept or not, at its discretion, the order sent by the customer, without the latter can make claims or rights whatsoever, in any capacity, including compensation, in case of rejection of the order . The acceptance of Janashop is believed tacitly released, unless otherwise communicated to the customer within 48 hours of the order, in the midst of an email message sent to the address provided by the Customer.
After sending the response to confirmation by the Janashop, if both the Janashop to experience (due to errors in technical or formal) not the correct price and / or characteristics, published on the website, products and services in the Proposal of the customer, the Janashop give express notice of what the customer invite him, if still interested, a new proposal.
13. By placing an order, in the manner provided by the operating instructions of the Site, you represent that you have read all the information provided to him during the purchase process, and accept the Terms and payment described below.
Product prices - delivery costs - product availability
14.- All product prices are clearly indicated on the Site and is not intended to include VAT and possibly the contribution order processing charges where applicable. They do not include additional and different taxes, levies or duties arranged by the relevant applicable legislation, such as those provided in the field of import. As necessary, the customer must therefore be made to clear imports and to pay the duties and taxes (other than VAT) which may be payable in the country of import.
15. Where a product is presented on the site in different areas from the appropriate sections destined to the purchase of products or otherwise without the icon "add to cart", meaning not available for sale through the Site.
16.- Prices and availability of products, which are listed on the site, are subject to change at any time and without notice, provided that, limited to orders being accepted or accepted by Janashop as above, apply conditions sales force at the time of the order by the Customer, unless orders not accepted, as stated in Article 12 above.
17.- In Site are highlighted products available for shipment. This availability and timing of delivery of the products are indicative only, as they are not updated in real time; Moreover, in view of the possible contemporary order on the site of the same product from multiple customers or possible order by the same customer, the more copies of the same product, the actual availability of the individual products may vary significantly during the same day according to the instructions contained in the Site. Notwithstanding that the charge on the credit card is made only at the time when the order will be "Ready for shipping" (ie, when the computer system has confirmed the availability of the products ordered by their costs), the Janashop ensure the delivery of products purchased in accordance with and subject to their availability. The Customer may at any time verify the availability of the product ordered by accessing your personal area on the site. In case they are ordered more products with different times of availability, delivery will come when the product is available later, ready to ship.
18. If the delivery of the product ordered is delayed with respect to delivery times indicated on the Site before order, the Janashop agrees to promptly inform the customer via an e-mail message to the address specified by the customer. Until the time of shipment from the Janashop, communicated to the customer through the updating of the information contained in his personal area, the customer has the right at any time to cancel the order or change it, only by following the specific procedures and technical functions listed in your personal area.
19. The cost of each shipment, the amount of which will vary according to weight, mode of delivery and payment as well as to the destination country and the total amount of the order, is added to the total price of each Contract d 'purchase and is clearly stated and communicated to the customer, through the Site, before the conclusion of the Purchase Agreement; the aforesaid shipping cost will be also held in the personal area of the customer to completion in order fulfillment.
20.- The visual representation of the products on the website, where available, usually corresponds to the photographic image of the products and has the sole purpose of presenting them for sale, without any guarantee or commitment by the Janashop, about the exact correspondence image shown on the website with the actual product; and this with particular regard to its actual size and / or color aspects of the covers and / or packages.
In case of difference between the image and the product file written, always makes faith the description of the card product.
21.- The payments to the Purchase Contracts entered into through the Site may only be made by credit card, or by bank transfer. The customer must choose, at the conclusion of the Purchase Agreement, the chosen method of payment. The latter, once perfected the Purchase Agreement by accepting Janashop, can no longer be changed.
Notwithstanding the foregoing, if the Janashop results indicating problems concerning payment will alert the customer without delay on the critical issues encountered on the execution of payment, proposing to use another means of payment among those accepted by the Janashop.
Payments by credit card
22. If the Customer shall purchase the products with price payment by credit card, the bank reference shall immediately verify the validity of the credit card, but will charge the total amount corresponding to each Purchase Agreement only when, with reference to the order of the customer, in the personal area of the latter will appear on the site labeled "Ready for shipping", provided that the credit card of the customer it will be free block quote the sum equal to the amount of the product ordered. In such case payment, the customer will then (a) the right to cancel the order (only following the specific procedures and technical functions contained in the personal area) that is to take place without any reimbursement or (b) the right to add order new products (always with the same procedures mentioned just now), increasing the total amount due to Janashop, without having to re-communicate the details of their credit card.
23.- Information on the buyer's credit card are sent via secure connection directly to the website of the bank handling the transaction. In a manner consistent with the applicable industry regulations, such information is acquired by First Data Deutschland GmbH at the request of Janashop and used to make the payment transactions in the manner specified in the previous article.
24.- The Janashop reserves the right to request at any time the customer information (eg. The number of fixed phone) necessary for the execution of the Purchase Agreement or sending copies of documents proving the ownership of the card credit used for the completion of the Purchase Agreement. In the absence of transmission by the Customer of the information or further required documents, Janashop reserves the right to refuse the order or to withdraw from the Purchase Agreement finalized in case the failure to send the requested information is not allows the execution of the order or contract, giving simultaneous substantiated notification to the customer to the email address specified.
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As provided in Articles 22, 23 and 24 of this section applies, where compatible, also the method of payment by BNL Positivity
Cash on delivery of the products
25.- The payment of the purchased products together with the delivery of the same (hereinafter, COD) is a mode of payment provided only for deliveries to be made in the Italian territory. In case of purchase on delivery, payment shall be made only with cash in Euro to the courier who delivers the goods. The Buyer shall prepare the exact amount shown at the time of completion of the Purchase Agreement. The courier has not usually rest. Will not be accepted under any circumstances checks, cashier's checks or other means of payment.
26.- Nothing more than what was agreed in the Purchase Agreement will be due by the Customer to the courier upon delivery of products.
27.- In the event of non-payment by the Customer of the agreed price for any reason or cause, in writing Janashop invite the customer to provide the balance and will have the right to charge you interest on arrears in the amount of provisions by law; in this case, until such time as the Customer has regularized his debt position with Janashop, it also reserves the right to cancel any subsequent deliveries of products, to resolve any Purchase Contracts in place as well as lock the functions of purchase through the Site, prejudice affect the compensation of any further damage.
Returns and documentation
28.- All deliveries of products will be at risk of Janashop. The risk will transfer to the customer upon delivery of the products to the customer, or a third party designated by the shipper, carrier or other agent appointed by Janashop for delivery.
29.- The Janashop will receive through the Site, purchase orders, with deliveries worldwide. The shipping costs will be calculated automatically from the Site, and will be viewed and knowable by the customer before sending the order. They vary from country to country and Italy may also vary depending on the payment method.
30.- Notwithstanding the provisions of Article 17 above, any liability, for any reason, it can be charged from the customer to Janashop in case of delay in the order or delivery of the goods covered by the Purchase Contracts determined from causes not attributable to the conduct of Janashop.
31.- For each Purchase Contract perfected through the Site, the Janashop will issue a delivery order (DDT) or, for those customers (non-users) that have and have added their VAT master data related to the order, an invoice for the products that will be shipped. The voucher or invoice will be sent by Janashop to the email address specified by the customer holder of the order, in accordance with Article 14 of Presidential Decree 445/2000 and D. L. 52/2004. For the issuance of the invoice authentic information supplied by the Customer. No change in the bill will be possible after the issuance thereof and will not be possible to issue an invoice later to execute the order to customers who have not provided their VAT number when ordering.
32.- Unless otherwise notice sent to the Customer by the Customer of Janashop, the delivery of products is intended in the street. Upon delivery of the goods by the carrier engaged by Janashop, the customer is required to check (a) that the number of boxes is the same as indicated in the transport document, and (b) that the packaging is not damaged or otherwise altered, including the sealing materials.
33.- Any damage to packing and / or the products or the mismatch in the number of items or information must be immediately notified by the customer, putting the word "AGREE WITH RESERVE" upon receipt of delivery courier. In addition, the customer agrees to promptly report - but no later than 8 (eight) days from the date of delivery - to Janashop (sending a message via the "Contact Us") any and all eventual problems regarding physical integrity, correspondence or completeness of the products received. For the customer consumer will apply the terms of Article 45 and following of the General Conditions.
34.- In order to make the delivery of products ordered, is always required the presence of the Customer or a person authorized in the place indicated by the same and on the day of scheduled delivery. In the absence of the customer (or his representative), the courier will leave a notice for the second delivery the next business day and a telephone number to be able to agree on a different date of delivery. If the second delivery attempt is not successful order, the purchase order is meant canceled and the products will fall at the warehouses of Janashop. In the latter case, the Janashop reimburse the customer, if he has made the payment by credit card, the price of the products not delivered over the cost of shipping within 5 days of return of the products in stock, and its Contract d 'purchase shall be deemed automatically and definitively canceled, excluding any mutual claim further, in any capacity.
35.- Force majeure, unavailability of transportation, as well as unforeseeable or unavoidable events that cause a delay in delivery or make delivery difficult or impossible, or to cause a significant increase in the cost of delivery charged to Janashop shall entitle Janashop to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, the Janashop provide timely and adequate notice of its determination to the email address provided by the customer and shall be entitled to a refund of any money already paid, excluding any further claims, in any capacity, in respect of Janashop .
Right of withdrawal
36.- The Customer consumer has the right to terminate the Purchase Agreement for any reason and without assigning any reason within 14 days of receipt of the products, subject to compliance with the procedures set out below.
37.- In the event that the Customer consumer intends to exercise the right of withdrawal free under Article 36 above, the Customer Consumer must complete and send to the following e-mail (email@example.com) module type withdrawal available at the following link or any other unequivocal statement of its decision to withdraw from the contract. In addition, the Customer Consumer may, alternatively, fill out and submit electronically the model withdrawal form or any other unequivocal statement through the Site or access your personal area of the site, select the order being made, click on the "Request made "and follow the instructions on the Site. If the customer chooses Consumer these options to send electronic communications to withdraw, the Janashop transmit to the latter, without delay, an acknowledgment of receipt of the cancellation via e-mail.
In the event that the Customer wishes to exercise the withdrawal of the order after sending the defective products or different, the customer can not use the "Request made", but must report the case to the customer care service via the "contact "present in '" contact area "of the website. in either case of withdrawal, the Janashop promptly notify the customer by e-mail at the address indicated by the latter, actually confirmed the withdrawal indicating (i ) the number of returned items and (ii) the address of the warehouse Janashop where to send the returned product, if that address is different from that indicated in article 38 of the General Conditions.
38.- The refund will be made by the customer, through the shipment of the products covered by the withdrawal, by courier of their choice. The products must be sent no later than 14 days from the date on which the customer has communicated its decision to terminate the contract at the following address: JANASHOP ITALIA, Via Melvin Jones, 1 - 09016 IGLESIAS (CI).
The direct cost of returning the goods will be charged to the customer.
39.-For the purposes of the valid exercise by the aforementioned right of withdrawal, the Customer Consumer must comply with the following terms and conditions:
• the withdrawal can be applied even for individual products which are the subject of a single Purchase Agreement, provided that the withdrawal applies to the product in its entirety, that is, the Consumer Client may not exercise the withdrawal limit of the individual product purchased;
• products which are the subject of Purchase Contracts in relation to which the Customer consumer has exercised his right of withdrawal must be intact and will be returned in the original packaging, complete in all its parts (including packaging and any documentation accessory); in particular, the seals of the packaging;
• in accordance with the instructions received from Janashop, the Consumer Customer shall at its sole cost and care in case of withdrawal free under the former Article 36 of these General Terms and care burden and exclusive Janashop, in case of withdrawal for defective product or non-conforming, shipping and product returns to Janashop;
• if the returned product is damaged during transport, the Janashop will be required only to notify the Customer of the incident in order to allow consumer to file a timely complaint against the carrier of his choice, against whom (and / or the its insurance company) retaliate.
40.- The Janashop not responsible in any way for theft or loss of products being made; each relative risk therefore remains the sole responsibility of the Customer Consumer
41.- Once verified the integrity of the returned product, the Janashop will refund the customer the full amount paid for consumer products referred to in the Purchase Agreement subject to withdrawal as well as shipping costs may be incurred within 14 days return of the products themselves or the date on which the Client Consumer demonstrating that he has sent back the products, depending on which situation occurs first.
In case of damage to the products made The Consumer Customer is only responsible for the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods to the extent provided for in Article 57 , paragraph 2, of the Consumer Code.
The Customer Consumer expressly consents to that repayments above are made by transfer of the amount charged to the credit card indicated by the Customer or Consumer by bank transfer, in accordance with the instructions and correlative bank that will be indicated by the same customer Consumer.
The refund will be by the same means of payment by which the payment was made.
42.- In any case of non-compliance with the terms and conditions of exercise of withdrawal provided for in Article 39 above and in the event of damage to the products for reasons other than transportation of the same although different from the cases provided for in Article 57, paragraph 2 of the Consumer Code, the Purchase Agreement will remain valid and effective and Janashop will return to the Customer sender Consumer products improperly rendered, charging the same correlative shipping.
Legal guarantee of conformity
43.- Until the end of two years from delivery of products, Janashop be liable to Customer Consumers, pursuant to art. 130 and 132 of the Consumer Code, of any lack of conformity of existing products upon delivery, with particular regard to products resulting defective or damaged.
44.- The Customer consumer loses his rights guaranteed by art. 130, paragraph 2, of the Consumer Code unless Janashop complaint to the lack of conformity detected within 2 (two) months from the date on which he discovered the defect.
45.- The Janashop will make every effort to replace at its own expense, with other products of the same quality and title available at its stores, those delivered products that are damaged or defective, as long as they have been made by the Customer in the package original (complete with all the parts that make it up). If the replacement with the same product is not possible (for example, due to exit out of the product catalog), the Janashop will refund the customer the amount paid for the product proved to be defective, excluding any further liability of Janashop, to any title.
Communications and Complaints
46.- All communication or any complaints of the customer against the relatively Janashop to Purchase Contracts should be directed to Customer Service responsible for managing the site, filling in the "Complaints" in field "Contacts" Site www .janashop.it.
Intellectual Property Rights
47.- All trademarks (registered or not), as well as any and all intellectual work, distinctive signs or names, images, photographs, written text or graphic, and more generally any other intangible asset protected by the laws and international conventions in the field of intellectual property and industrial property reproduced on the Site are the exclusive property of Janashop and / or its licensors, without from access to the Site and / or the conclusion of the Purchase Contracts resulting Customer any rights in the same. Any use, even if only partial, of the same is prohibited without the prior written consent of Janashop, in favor of which are reserved, exclusively, all its rights.
Applicable law - Jurisdiction
48.- The Purchase Agreement between the Customer and the Janashop is concluded in Italy and governed by Italian law.
49.- Any dispute will be pleaded by the Judicial Authority of Cagliari, with the exception of disputes with customers Consumers will instead be the responsibility of the Judicial Authority of the place of residence or domicile of the Client Consumer.
Processing of personal data (privacy)
50.- For the regulation of the processing of personal data by the Janashop please refer to the website specifically dedicated at the following links.
ADR and Code of Ethics
51. - The Customer consumer has the right to promote alternative dispute resolution related to the ratio of consumption to the bodies set up by the chambers of commerce, industry and agriculture under the Law of 29 December 1993, n. 580 and to have recourse to mediation procedures under Legislative Decree 28/2010, as amended, under the conditions provided by the body chosen by the customer who will administer this procedure. And 'subject to the possibility of using the procedures of voluntary negotiation and joint provided by art. 2, paragraph 2, of the said decree, as well as the complaints procedures provided by the service charters.
52. - Under Article 49 letter. p) of the Consumer Code Janashop inform the customer about the existence of the Consumer Code of Ethics adopted by Janashop.