Terms & Conditions
Grippi Leonardo
Via Giusti 5
90144 Palermo - Italy
VAT: IT04329180824
Supplier Identification
The goods covered by these general conditions are offered for sale by Grippi Leonardo with registered office in Palermo, Via Giusti 5, registered with the Palermo Chamber of Commerce, VAT number IT04329180824, hereinafter referred to as the "Supplier".
1) DEFINITIONS
1.1 The term "online sales contract" means the sales contract relating to the tangible movable goods of the Supplier, stipulated between the Supplier and the Buyer within the scope of a remote sales system via electronic tools, organised by the Supplier.
1.2 The term "Purchaser" refers to the consumer, a natural person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3 The term "Supplier" refers to the entity indicated in the epigraph or the entity providing the information services.
1.4 The term "product unit" means the single piece that constitutes the package.
1.5 The term "packaging" refers to the single or multiple packages that make up the item.
1.6 The term "article" refers to the good ordered and consists of one or more packages.
2) OBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Buyer purchases remotely via telematic tools the tangible movable goods indicated and offered for sale on the site https://donleo.it
2.2 The products referred to in the previous point are illustrated on the web page: /it_IT/products
3) METHODS OF ENTERING INTO THE CONTRACT
The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer accessing the address https://donleo.it, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded by correctly filling in the request form and expressing consent to the purchase by submitting the application online or by filling in the online form at /it_IT/users/login?r=/it_IT/orders/fill, /it_IT/orders/fill and then sending the form, always after viewing a printable order summary web page /it_IT/orders/submit, which contains the details of the person placing the order and the order, the price of the purchased item, the shipping costs and any additional charges, the payment methods and terms, and the address to which the item will be delivered.
4.2 When the Supplier receives the order from the Buyer, it will send a confirmation email.
4.3 The contract is considered perfected and effective between the parties only if everything indicated in the previous point is met.
5) PAYMENT METHODS AND REFUND
5.1 Each payment by the Buyer may only be made using one of the methods indicated on the specific web page by the Supplier.
5.2 Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, promptly and for the reasons set out in art.9.
5.3 All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
6) DELIVERY TIMES AND METHODS
6.1 The Supplier will deliver the selected and ordered products, using the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.
6.2 Shipping times may vary up to a maximum of 7 working days from confirmation of the same, except as provided in clause 9 of this contract. Delivery takes place on the ground floor; any issue that can be found directly at the time of delivery (external defects of the goods, missing packages, etc.) must be reported in writing to the forwarder, except as provided in the following paragraphs.
7) PRICES
7.1 All the sales prices of the products displayed and indicated on the website https://donleo.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2 The sales prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges, if any, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is sent by the buyer and also included in the web page summarizing the order placed.
7.3 The prices indicated for each of the goods offered to the public are those displayed at the time of purchase.
7.4 The buyer is aware that in the event that the country of his/her residence provides for the application of taxes and customs duties (extra EU export), these, not foreseen during the purchase of the products, will in any case be quantified at the time of delivery and are the responsibility of the recipient.
8) PRODUCT AVAILABILITY
.1 The Supplier ensures the processing and fulfillment of orders without delay through the electronic system used, except as provided in the following clause 9.
9) LIMITATIONS OF LIABILITY
9.1 The Supplier assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.
9.2 The Supplier shall not be held liable towards the Buyer, except in the case of fraud or gross negligence, for any disservices or malfunctions connected to the use of the internet network outside of its own control or that of its sub-suppliers.
9.3 Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to the full refund of the price paid and any additional costs incurred.
9.4 The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, at the time of payment for the products purchased, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 In no case may the Buyer be held responsible for delays or errors in payment, if he can demonstrate that he has made the payment within the times and methods indicated by the Supplier.
10) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSATORY DAMAGES: THE SUPPLIER'S OBLIGATIONS.
10.1 Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods.
10.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if it still exists.
10.3 The Supplier may not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to a mandatory legal provision or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4 No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5 In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
11) WARRANTIES AND ASSISTANCE METHODS
11.8 In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate the methods for re-crediting the sums previously paid to the Supplier.
12) SATISFIED OR REFUNDED
12.1 If the Buyer is not satisfied with the quality of the goods, he may, within and no later than 10 (ten) working days from receipt of the goods, request the application of this clause under the following conditions.
12.2 The application of said clause may be enforced by returning the goods to the Supplier at his address and within 30 (thirty) days of receipt of the same in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment).
12.3 The clause applies to the product purchased only if the Buyer has not consumed or deteriorated more than one unit for each type of product purchased (e.g. a bottle of Don Tomasi Nero d'Avola, a jar of Ciaculli Tardivo Marmalade, etc.). Consequently, packages for a single type of product containing a reduction in the product greater than one unit will not be accepted. Furthermore, used products showing signs of damage or dirt and which consequently can no longer be considered intact will not be accepted.
12.4 In the case of items consisting of different types of packaging (e.g. Don Tomasi Box + Assoolivo Extra Virgin Olive Oil Box) the Buyer has the right to consume one unit per type of product (e.g. one Don Tomasi bottle + one Assoolivo Oil bottle). The item must always be returned in its entirety.
12.5 Shipping costs and transport risks relating to the return of the goods are the responsibility of the Buyer.
12.6 The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Buyer.
12.7 The Supplier will refund the Buyer the entire amount already paid for the product, as quickly as possible and in any case within 30 days from the date of receipt of the goods, through the procedure of reversal of the amount charged by bank transfer. In this latter case, it will be the customer's responsibility to promptly provide, at the same time as returning the goods, the bank details on which to obtain the refund (IBAN of the Current Account of the invoice holder).
12.8 In the event of forfeiture of the right to enforce this clause, the Supplier will return the purchased goods to the sender, charging the latter the shipping costs.
13) BUYER'S OBLIGATIONS
13.1 The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract.
13.2 The Buyer undertakes, once the online purchase procedure has been concluded, to print and keep this contract.
13.3 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase confirmation.
14) CAUSES FOR TERMINATION
14.1 The obligations referred to in point 13.1, undertaken by the Buyer, as well as the guarantee of successful payment that the Buyer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations undertaken by the Supplier in point 6, are essential, so that by express agreement, the failure to fulfill even one of said obligations, where not determined by fortuitous event or force majeure, will lead to the termination of the contract by right pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF PURCHASER DATA
15.1 The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of EU Reg. 2016/679 "Regulation".
15.2 The personal data, including personal and fiscal data, acquired directly and/or through third parties by the Supplier Grippi Leonardo, the data controller, are collected and processed in paper, computer 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 relations to the extent necessary to best perform the requested service.
15.3 The Supplier undertakes to treat confidentially the data and information transmitted by the Buyer and not to reveal them to unauthorized persons, nor 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 request of the judicial authority or other authorities authorized by law.
15.4 Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.
15.5 The Buyer has the right to obtain:
a) the updating, rectification or, when there is interest, the integration of the data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected. The interested party also has the right to oppose, in whole or in part:
i) for legitimate reasons to the processing of personal data concerning him/her, even if pertinent to the purpose of the collection;
ii) to the processing of personal data concerning him/her for the purposes of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6 The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. In the absence of this, the Buyer's request cannot be processed.
15.7 In any case, the acquired data will be stored for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.
15.8 The owner of the collection and processing of personal data is the Supplier, to whom the buyer may address any request at the company headquarters.
15.9 Anything that may be sent to the Centre's email address (including electronic mail) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not infringing the rights of others and truthful. In any case, the Centre cannot be held responsible for the content of the messages themselves.
16) CONTRACT STORAGE METHODS
16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order sent is stored in digital and paper form at the Supplier's headquarters according to confidentiality and security criteria.
17) COMMUNICATIONS AND COMPLAINTS
17.1 Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: Via Giusti 5, 90144 Palermo, or sent via the contact area of DonLeo.it
18) COMPETENT COURT
18.1 For disputes arising from this contract, the exclusive territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located within the territory of the State.
19) APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by Italian law.
19.2 For anything not expressly provided for herein, the provisions of law applicable to the relationships and situations provided for in this contract shall apply, and in particular art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 of Legislative Decree 206/05, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to here.