TERMS OF USE AND GENERAL TERMS AND CONDITIONS
Preamble
These general terms and conditions of sale (hereinafter ‘General Terms and Conditions’) govern the sale of food and non-food products (hereinafter ‘Products’) through the website https://www.aguaresort.it/ (hereinafter ‘Website’).
The Website is managed by SAN LORENZO VACANZE S.R.L. (hereinafter the ‘Seller’ or ‘Agua’), with registered office in Pescara, Via Albegna 17, VAT No. 01732150683, registered with the Companies’ Register of Pescara under number REA PE – 124418, subscribed share capital € 119,000.
You may contact the Seller at the following e-mail address shop@aguaresort.it
SAN LORENZO VACANZE S.R.L. and AGUA GREEN SOCIETA’ AGRICOLA S.R.L. with registered office in Silvi Marina (TE), Via Roma 308, VAT no. 01914370687 by reason of an ongoing business relationship with which they jointly provide various services at their respective accommodation facilities, have signed a data co-ownership agreement pursuant to Article 26 GDPR, therefore both parties are Data Controllers of personal data, at which rights may be exercised.
The use of the distance selling service described in these General Terms and Conditions is reserved exclusively to consumers (hereinafter referred to as ‘Customers’ or the ‘Customer’), understood as natural persons acting for purposes unrelated to their commercial, entrepreneurial or professional activity.
The Customer is obliged, before submitting his purchase order, to read these General Terms and Conditions of Sale carefully.
These General Terms and Conditions of Sale are governed by the Consumer Code (Legislative Decree no. 206/2005 as amended) and by the rules on electronic commerce (Legislative Decree no. 70/2003 as amended) and apply exclusively to sales through the website https://www.aguaresort.it/, where the order forms for the virtual shopping cart and purchase through the various payment methods, as indicated in these General Terms and Conditions of Sale as well as in the other sections of the Site, are available.
In the event of changes to the General Terms and Conditions of Sale, the General Terms and Conditions of Sale published on the Site at the time the Order is placed by the Customer shall apply. These General Terms and Conditions of Sale govern the entire process that characterises the purchase of products (reservation where applicable, order, purchase, shipment, return, repair, customisation) on the Site and do not govern, on the other hand, the provision of services or the sale of products by parties other than the owner of the Site, which are present on the Site through links, banners or other hypertext links.
By placing an order through this Site, the Customer warrants that he or she is of legal age (18 years or older) and has the legal capacity to enter into binding contracts. The customer is forbidden to enter false and/or invented names in the on-line order process and in further communications, even if they wish to maintain privacy or send a surprise gift to someone else. Various sales methods are made available on the site that allow, in any case, shipping of purchased items to parties other than the purchaser. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
Article 1 – Object of the Contract
By this online sales contract (hereinafter ‘Contract’), the Seller sells and the Customer purchases the Products indicated and described on the Site.
Article 2 – Acceptance of the General Conditions
The General Conditions are published on the Site and can be consulted at any time prior to placing an order. Sending the order by the Customer implies full and unreserved acceptance of the General Conditions.
Article 3 – Information on the Products
Information on the Products, including images, technical characteristics and descriptions, is provided on the Site for information purposes only and is subject to change without notice.
The Seller undertakes to provide complete and correct information on the Products, in accordance with the regulations in force. However, the Seller shall not be liable for errors or inaccuracies in the information on the Products resulting from the Customer’s negligence or fault.
The essential characteristics of the Products are described in the product sheets on the Site. Images and videos of the Products are provided for illustrative purposes only and are not contractually binding.
The Seller undertakes to provide the Consumer with all necessary information to enable the Consumer to make an informed purchase, in compliance with European Regulation 1169/2011. In particular, the product sheets for food use contain the following information:
- denominazione del prodotto alimentare;
- stato fisico in cui si trova il prodotto e lo specifico trattamento che ha subito;
- elenco degli ingredienti, ivi inclusi gli allergeni;
- quantità netta;
- condizioni di conservazione e di utilizzo;
- data di scadenza o di termine minimo di conservazione;
- nome, ragione sociale e sede del fabbricante o dell’importatore;
- origine o provenienza del prodotto alimentare.
The Consumer may request further information on the Products from the Seller by sending an email to ‘shop@aguaresort.it.
Article 4 – Prices and shipping costs
The offer and sale of products via the hhttps://www.aguaresort.it/ website constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (‘Consumer Code’) and by Legislative Decree No. 70 of 9 April 2003, containing the rules on electronic commerce.
All prices are in Euros and include VAT. The availability of the products online is real and the prices refer to single units of products.
To the purchase costs of the Products are added shipping costs, which vary according to the country of destination and the shipping method chosen. Shipping costs are clearly indicated during the checkout process.
We currently offer free shipping in Italy for orders of not less than € 100.00.
Shipping costs are the responsibility of the customer, except for possible promotions and can be consulted at the shipping costs page, these shipping costs will be visible directly in the shopping cart, before concluding the order.
If the Products remain in the shopping cart for a long time and the order will be placed some time after the last visit to the Website, the Customer is obliged to make sure that prices have not changed (as prices may be different, higher or lower, depending on promotions and price lists at the time) and to check, therefore, the final sale price before placing the relevant Order.
Article 5 – Orders and payments
For the purchase of the Products, the Customer shall fill in online and send to AGUA the order form in electronic format, following the instructions contained in the Site. The Customer shall put the Product in the ‘shopping cart’ and, after having read the General Conditions, shall select the desired payment method and choose the ‘Confirm order’ option.
Before submitting his purchase order, the Customer shall have the opportunity to correct any data entry errors by following the appropriate modification procedure contained in the Site. In particular, the Customer has the right to modify the quantity of the Products he/she intends to purchase by adding or removing one or more Products from the ‘shopping cart’.
By sending the order, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she fully accepts the General Conditions.
Fulfillment of orders
The Seller undertakes to deliver the ordered products to the Customer within and no later than 8 working days for orders concluded with electronic payment (credit card).
Orders are processed within 8 days (excluding Saturdays, Sundays and public holidays in general) from the acceptance of the order, which is received in real time by the Customer via e-mail.
Minimum order
SAN LORENZO S.R.L. also accepts orders for single products, to which it adds the relative shipping costs.
Payments
The Seller accepts payment, without any additional charge on the cost of the product and shipping, by the following methods:
- Credit card
- STRIPE
It is understood that the Customer must be the holder of a valid credit card at the time of ordering the Products purchased online. In the event that the name on the credit card is not the same as the name indicated on the invoice data, the order will still be placed, but the Seller shall not assume any liability in the event that the Prepaid Card and/or Credit/Debit Card has been improperly used by the Buyer. In the absence of such, it will not be possible to proceed with the Order.
At the time of the online purchase, at the same time as the Order Confirmation, the bank of reference will only commit the amount related to the Order from the present availability of the credit card. The amount shall be immediately debited at the time the payment is sent through the online platform. At no time during the purchase procedure is the Seller able to know the information relating to the credit card (for example, the credit card number or the date of its expiry), which is transmitted via a connection protected by encrypted protocol directly to the Site of the party handling the electronic payment (banking institution or Paypal).
Payment must be made at the time the order is placed.
Visa, Mastercard and prepaid credit cards (e.g. PostePay)
In the event of payment by credit card, the total amount due will be debited at the time of order transmission, which coincides with the conclusion of the online contract. Confidential credit card data (card number, card holder, expiration date, security code) are encrypted and thus transmitted to the payment provider. AGUA has no access to and does not store this data.
Payment via STRIPE
In the event of payment through the STRIPE system, the Customer will be redirected to the site www.stripe.com, where he/she will make payment for the Products in accordance with the procedure provided for and regulated by STRIPE . The data entered on the site of STRIPE will be processed directly by the same and will not be transmitted or shared with San Lorenzo S.r.l., which does not store in any way the data of the credit card linked to the STRIPE account. In case of payment through STRIPE, the total amount due will be debited at the time of transmission of the order, which coincides with the conclusion of the online contract.
Invoicing and Tax Receipt
For orders placed by private individuals, a copy of the order with the tax receipt attached will be included in the package. In the case of purchases by VAT holders, an invoice will follow by email upon delivery.
Important note: In accordance with current tax laws, no invoice will be issued to sole proprietors and/or freelancers if the tax code of the person concerned is not entered in addition to the VAT number.
Article 6 – Delivery of Products
The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order.
Upon receipt of the goods at their home address, the Customer is required to check the integrity of the packages upon delivery by the courier. In the event that the package containing foodstuffs, at the time of delivery, should present leaks of liquid and/or presumed liquid, visible defects or tampering of the package, the Customer is obliged to have the courier detect and note them exactly and reject the delivery after obligatory notification to the Seller, also by contacting customer service by e-mail at info@aguaresort.it. We shall cancel the corresponding amount and/or alternatively collect the damaged product at our expense. It is just worth mentioning that except in isolated cases, our goods always arrive in perfect condition.
In Italy we ship by express courier (or other couriers according to the needs of the moment in 8 days with express delivery and insured with signature on delivery. When your order is shipped, you receive an e-mail with the tracking code of the shipment, i.e. the tracking code with a link to the courier’s website and the status of the shipment.
This number, the tracking code, serves to monitor the progress of the shipment and the expected date of delivery. The delivery is deemed to have been made when the ordered goods are in the possession of the customer or the person he has delegated to collect them.
In the event that these deadlines cannot be met (e.g.: products not in stock), ‘AGUA’ shall inform the customer.
in stock), ‘AGUA’ undertakes to notify the customer by the most timely means to warn him and indicate when the goods can be delivered.
The Seller cannot be held liable if the products purchased are sent to an incorrect shipping address provided by the Customer. The Seller at the Customer’s request may attempt to ship the product to a new address again. However, any additional shipping costs and/or storage at shipping centres caused by the Customer’s error shall be charged to the Customer in full.
The Seller shall not be liable for delays in delivery caused by events of force majeure or circumstances beyond its control.
Damaged goods upon delivery
If damaged, broken or stained parcels are delivered by the courier, the customer must reject the shipment, expressly indicating the reason for this on the courier’s delivery form. ‘AGUA’ shall be responsible for returning the shipment via the courier.
If the shipment consists of several packages and not all of them are damaged, the Customer has the right to refuse the delivery and reject the shipment of the damaged package only, signing the courier’s delivery form ‘With Reservation’ and indicating the number of damaged and returned packages. ‘AGUA’ will take charge of returning the shipment via the courier, at no additional cost to the customer.
The damaged product will be replaced by ‘AGUA’ at no cost to the customer, within 15 (fifteen) working days from delivery. If the product to be replaced is out of stock, the customer will be contacted promptly by ‘AGUA’ to agree on an alternative replacement with another product of equal value, subject to sending the ‘replacement confirmation’ form duly signed, a refund of the price paid, which ‘AGUA’ will provide within 5 (five) working days. The shipping costs for the return to ‘AGUA’ of the damaged package, for the return to the customer of the replacement products and any costs for the refund of the price are borne by ‘AGUA’.
Article 7 – Right of withdrawal
Pursuant to Articles 52 et seq. of the Consumer Code, a consumer has the right to withdraw, without penalty and without specifying the reason, from the contract for the purchase of the Product, within the statutory term of 14 days.
Therefore, if the customer decides to take advantage of the ‘RETURN’ option, he must notify the Seller within 14 calendar days from the date of receipt of the goods:
- o by means of a return request in his customer account
- or by e-mail sent with the customer account address to our Customer Service (info@aguaresort.it).
Our Customer Service will assign a return file number, inform the Customer of the instructions for preparing the goods to be returned, and will arrange for one of our Couriers to be sent to the Customer’s domicile to collect the returned goods.
In case of withdrawal, the Seller shall refund the Customer the price of the purchased Products, excluding shipping costs. The Consumer must return the Products to the Seller within 14 days from the date of communication of the withdrawal. The costs of returning the Products shall be borne by the Consumer.
The Vendor shall refund the price of the Products to the Consumer within 14 days from the date of receipt of the returned Products. This period will be used by the Seller to check that the returned Products are intact as shipped at the time of purchase. Any damage to the returned Products will be charged to the Customer.
Said refunds will be made using the same means of payment used by the Customer for the initial transaction, unless expressly agreed otherwise (by means of a transfer of the amount charged to the Credit Card or by STRIPE refund or by Bank Transfer. In the latter case, it shall be the customer’s responsibility to provide the bank details (IBAN Code of the invoice holder’s Current Account) on which to obtain the refund. The reimbursement may be suspended until receipt of the goods or until the consumer proves that he/she has returned the goods, whichever is earlier.
You shall only be liable for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product shall in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by its packaging.
The customer is requested to return the goods or deliver them to our trusted courier who will come and collect them at his address, without undue delay and in any case within 14 days from the day on which his withdrawal from this contract was communicated.
The costs of returning the goods shall be borne by the customer.
In the event that the withdrawal is not exercised in accordance with the applicable law, it shall result in the termination of the contract and, consequently, shall not entitle the customer to any reimbursement.
The user is reminded that the right of withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code and, in particular, with regard to contracts concluded through the site, in relation to the supply of (i) made-to-measure or clearly customised goods; (ii) goods that are liable to deteriorate or expire rapidly; (iii) sealed goods that are not suitable to be returned for hygienic or health protection reasons and are opened after delivery.
Disputes
These General Terms and Conditions are governed by and shall be construed in accordance with the laws of Italy. For all legal disputes, pursuant to the laws in force, the place of jurisdiction is Pescara.
AGUA reserves the right to refuse orders from a customer with whom a legal dispute relating to a previous order is pending. This applies equally to all cases in which the Seller considers the Customer to be unsuitable, including, by way of example, the case of previous breaches of the terms and conditions of the Contract for online purchases on the Site or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
Article 8 – Legal Warranty
In case of lack of conformity, the Customer may request repair or replacement of the Products free of charge. If repair or replacement is not possible or is excessively onerous, the Customer may request a price reduction or termination of the Contract.
Article 9 – Limitation of liability
The Seller shall not be liable for direct or indirect damages resulting from the use of the Products, their non-delivery or any other event beyond its control.
The Seller’s liability is however limited to the price of the Products purchased.
Article 10 – Intellectual Property
All the contents of the Site, such as trademarks, logos, images, text and software, are the exclusive property of the Seller or of any of its Partners.
Article 11 – Contact
For further information, please write to Customer Service directly on the Site in the ‘Contact Us’ section or by e-mail at the following address: ‘info@aguaresort.it.’
Article 12 – Communications to the Customer
The Customer acknowledges, accepts and agrees that all communications, notifications, statements, information, reports and in any case any documentation on the operations performed, relating to the purchase of Products, shall be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided for by the Site.
Article 13 – Suspension of Service
San Lorenzo S.r.l. reserves the right to temporarily suspend, without prior notice, the operation of the Site for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the services offered. San Lorenzo S.r.l. may, at any time, interrupt access to the service offered on the Site to the User, should justified reasons arise (security or breach of confidentiality or undue use of the Site), in which case it shall promptly notify the User.
