Terms and conditions
Our business is carried out in the interest of our customer and its main objective is to obtain the highest possible degree of satisfaction. The DonnAssunta.com site, (hereinafter “Site”) is subject to and regulated by Italian law.
The Site is owned by the company La Fenice Trading S.r.l., (hereinafter “La Fenice Trading”) based in Mussomeli (Cl), Contrada Monticelli, s.n.
Access to and use of the Site are activities governed by these “General Conditions of Sale” (hereinafter “Conditions”).
Access and use of the Site, as well as the purchase of any product and / or service on the Site, are activities that require reading, knowledge and acceptance of these Conditions.
In particular, the customer, by sending an order through this site, even in the event that this is not processed, expressly and without reservation, pursuant to Article 13 of Legislative Decree no. 196/2003, Fenice Trading to the processing of their personal data, for administrative and commercial use, and accepts the conditions listed on the appropriate page called “Privacy”, published on this same site.
Therefore, anyone who accesses and / or uses services on the Site expressly agrees with La Fenice Trading that the Site and these Conditions are governed by Italian law.
Those who choose to access the Site in any case do so on their own initiative and will be solely responsible for compliance with the relevant local laws.
La Fenice Trading adopts every useful precaution in order to assure its users that the contents of the Site are accurate and do not contain incorrect or outdated information, with respect to the date of their publication, typographical errors, for which it is foreseen, following the reporting, correction as soon as possible. However, La Fenice Trading assumes no responsibility towards users for the correctness, accuracy, completeness and updating of any content published on the Site.
Furthermore, La Fenice Trading cannot guarantee its users that the Site will operate continuously, without interruptions and in the absence of errors or malfunctions due to the Internet connection. La Fenice Trading declines all responsibility for: any problems, damage or risks that the user may encounter in using the Site; for any malfunctions of the site related to the deactivation of cookies in the user’s browser; for the presence of computer viruses or other components that may be harmful.
La Fenice Trading may rectify, or even simply update, in whole or in part, these Conditions, whenever it deems it, at its sole discretion, necessary or even simply appropriate, without giving any notice. The user is obliged to abide by the terms set out in these Conditions, and is also required to periodically check this page to check for any changes to the Conditions, which will immediately become binding for the user, as soon as they are published on the Site.
La Fenice Trading reserves the right not to process orders from parties other than the Final Consumer or in any case orders that do not comply with these Conditions.
The site offers its customers the opportunity to purchase items already available in stock.
The purchased item must be paid at the same time as the purchase transaction is closed, by credit card or by bank transfer or Paypal. Alternatively, for shipments to Italy, cash on delivery is provided (the cash on delivery method provides an additional cost of € 6.99): you will pay the amount of your order, only in cash, to the courier who delivers you. the package.
By purchasing on this Site, the Customer’s financial information (such as credit card number, expiration date, personal data) will be sent directly to the Bank in charge of the payment transaction, via an encrypted protocol. La Fenice Trading, nor other parties, will ever have access to it.
The products sold are carefully selected for their rigorous quality control standards. However, La Fenice Trading declines all responsibility for the possibility that, due to a particular configuration of your computer or a malfunction, even temporary, the colors of the products photographed or the characteristics displayed and described on the site, may be different from the originals.
In order to place a purchase order on this Site, it is essential:
· Be over 18 years of age;
· Have the requisites to legally stipulate binding contracts;
Have a valid e-mail address;
The receipt by La Fenice Trading of the order, sent by the Customer by electronic transmission, determines the conclusion of the Contract. With the conclusion of the Contract, La Fenice Trading undertakes to supply the customer with the ordered products, according to the terms and conditions set out in these Conditions, without prejudice to the right not to process orders against subjects who do not give sufficient guarantees of solvency or that do not fall within the aforementioned category of the “final consumer” or that, for whatever reason, the ordered product is not available for sale.
By sending the Order, the Customer unconditionally accepts and undertakes to observe in relations with La Fenice Trading, all the provisions contained in these Conditions.
The placing of the Order, therefore, implies the full knowledge and total and unconditional acceptance by the Customer of these Conditions, as well as the additional information contained in the web pages of the Site.
La Fenice Trading carries out shipments in Italy and in EU Europe mainly with selected express couriers, which are unquestionably chosen by DonnAssunta.com based on the destination. All shipments, in Italy in Europe EU, are traceable where possible. At the time of shipment, the customer receives the name of the courier, and the tracking number, in order to follow the progress of the shipment. In some cases, but rare, the order may be shipped with a non-traceable system.
The courier does not deliver to post office boxes, personal mailboxes, or deployed military bases (APO / FPO).
If the package is tampered with, the customer can accept the package “with reserve”, or reject it. In the event that one of these conditions occurs, the Customer must promptly open a claim with the courier who made the delivery, and report the incident to Fenice Trading.
In the event that the order is not delivered due to lack of cooperation from the Customer (wrong or absent delivery address, wrong or absent telephone number), as per commercial agreements, the package could be returned to La Fenice Trading. at the customer’s expense, including any costs that La Fenice Trading must incur for the return of the goods. These expenses will be deducted from any reimbursement.
The shipping price varies according to the size and weight of the package.
Payments must receive an automatic verification from the bank that issued the credit card: this verification could cause a delay in the shipment of orders.
As soon as the payment is authorized (in case of payment by credit card or Paypal), or as soon as the transfer amount will be credited to the current account of La Fenice Trading Srl (in case of payment by bank transfer), and items will be available, the order will be processed as soon as possible.
Orders are processed (processed and delivered to the courier for shipping) in chronological order, based on the time of receipt. On weekdays (Monday to Friday) orders are processed within 72 working hours from the time the order is placed.
We remind you that in certain periods of the year, on the occasion of holidays during which couriers do not ship, and in times of high traffic of orders, the processing times (processing of the order and preparation of the same) may delay up to 6/7 days.
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send La Fenice Trading a communication within 14 days from the date of receipt of the Products or, if he intends to exercise the withdrawal before having received the Products, the withdrawal notice may be sent at any time before the their reception.
This communication must be sent by e-mail or registered letter with return receipt, addressed to:
La Fenice Trading s.r.l
Contrada Monticelli s.n., 93014 Mussomeli CL.
The Customer Service of La Fenice Trading s.r.l. will proceed, once the communication has been received, to open a practice for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by La Fenice Trading s.r.l.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal, La Fenice Trading will refund the customer the full amount of the returned goods, excluding shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of La Fenice Trading to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. By law, the shipping costs for returning the goods to the sender are charged to the customer.
IV. the right of withdrawal is excluded in the following cases, pursuant to art. 55 of Legislative Decree 21/2014:
– order of products made to measure or clearly personalized;
– order of Products that risk deteriorating or expiring rapidly;
– order of sealed Products which cannot be returned for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer in particular is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all Food Products (including fresh, packaged food products, wines, spirits and beverages) as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to La Fenice Trading and put back on the market without endangering the health of consumers (such as for example non-packaged open).
The right of withdrawal is totally lost, due to lack of the essential integrity of the goods (packaging and / or its contents), in cases where La Fenice Trading ascertains:
– The lack of external packaging and / or wrapping containing the purchased product
– Damage to the product for reasons other than its transport
In case of forfeiture of the right of withdrawal, La Fenice Trading will return the purchased good to the sender, charging the shipping costs to the sender.
The shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer or the courier appointed by the latter.
– La Fenice Trading is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
– In case of damage to the goods during transport, La Fenice Trading will notify the Customer of the incident (within 5 working days), to allow him to file a complaint against the courier and obtain any refund. In this case, the product will be made available to the customer for its return at the same time canceling the request for withdrawal.
Warranty and lack of conformity
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right to restore, without charge, the conformity of the goods by repair or replacement or to a suitable reduction in the price or termination of the contract. For the Customer these rights lapse, if the defect is not reported to La Fenice Trading within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this shortened term.
Although not expressly regulated in these general conditions of sale, please refer to the provisions of Legislative Decree 22 May 1999, n. 185 and the applicable regulations of the Civil Code.
Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and accepted the above.