1) Effectiveness of the general conditions.
1.1 These general conditions regulate the sale and supply of pastry or food products (hereinafter the "Products") made by Tradehotel Nalon S.r.l., with registered office in Via Antonio Meucci, n. 7A - 35030 - Rubano - Padova (PD), C.F. VAT 04143990283 (hereinafter "Tradehotel") through the website https://tradehotel.storeden.com/ (hereinafter, the "Site") to natural persons who make the purchase as consumers. The sending of the order by the user implies the acceptance by the latter of these general conditions of sale. In order to purchase the Products on the Site, you must be of legal age.
1.2 These general conditions can be downloaded from the Site at the link 'conditions of sale'. Tradehotel may modify these general conditions in the future: the user will be informed of this by a notice that will be published on the Site.
1.3 These general conditions do not affect the rights and actions recognized to consumers by the Legislative Decree 6.9.2005, n. 206 and subsequent amendments and additions (the "Consumer Code") and in particular from Section II
2) Order procedure.
2.1 To proceed with the order, the user to register with the appropriate procedure provided on the Site. Registration is free. To register on the Site, the user must fill in the appropriate form by entering their name, surname, address, telephone number, email address and a password. The successful registration on the Site will be confirmed to the user via a specific email. Registration on the Site allows the user to carry out the following activities, among others, through a private and personal area: follow the status of orders; consult your order history; access support services; manage your personal data and modify it at any time; take advantage of the dedicated services that can be activated from time to time by Tradehotel.
2.2 The display of Products on the virtual shop window of the Site constitutes an invitation to offer; to purchase a Product, it will be necessary to send an order according to the procedures indicated here. The order will be considered as a contractual proposal addressed to Tradehotel, which reserves the right to accept or reject it, upon the outcome of the checks carried out on the conditions of the user or the availability of the Products.
2.3 In correspondence with each Product published on the Site, Tradehotel indicates whether the same (s) is available; (ii) is not available; (iii) customizable. The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "unavailable" cannot be ordered. In the event of the unavailability of a product indicated as available at the time of sending the order by a Customer, Tradehotel undertakes to indicate to that Customer, in a subsequent communication by e-mail, the indicatively expected times for a new availability of the Product / s object and will refund any sums of money already received by the same.
2.4 If the product is indicated as "customizable" it means that this product can be modified / adapted / customized according to specific customer requests. In this case, customers must specify their requests in the space provided when sending orders. After sending the order confirmation, Tradehotel undertakes to communicate to customers, by e-mail, the deadline for shipping the personalized Product
3) Conclusion of the contract.
3.1 In the event of a satisfactory outcome of the checks, Tradehotel will send the user an e-mail with an order confirmation, summarizing all the particular and general conditions of the purchase. The sales contract will be considered completed and concluded exclusively with the receipt by the user of the order confirmation sent by Tradehotel.
4.1 The characteristics and the price of the various Products for sale on the Site are shown on the page relating to each Product.
4.2 The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size, characteristic of handmade glass made in Italy. The packaging of the Products delivered may not coincide with that shown on the Site if the manufacturer has modified the packaging and, therefore, for reasons beyond the will of Tradehotel. In case of difference between the image and the written Product sheet, the description of the product sheet always prevails.
5) Prices and payment methods.
5.1 The prices of the Products are clearly indicated on the Site and, unless otherwise indicated, are inclusive of VAT. The shipping cost (always indicated on the Site), the amount of which varies according to the request and destination, must be added to the price of the product. 5.2 Payments can be made in the following ways: (i) Online with PayPal; MasterCard Visa Postepay American Express or Bank Transfer. Upon acceptance of the order, Tradehotel will book the credit card indicated by the user an amount equal to that indicated in the order confirmation.
5.3 If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the order process and entering the billing information including the tax code and / or VAT number. In this case, the invoice will be sent in the forms required by law, as well as via email to the indicated address. The professional is responsible for the correct insertion of the billing information and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later. In the event that the user requests the issuance of an invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, will not find the withdrawal provisions pursuant to article 10 below and in any case all those that pursuant to the same Consumer Code apply only to "consumers".
6) Delivery conditions.
6.1 Tradehotel delivers by specialized carriers specifically commissioned by the same. The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure.
6.2 The delivery times shown on the Tradehotel website are purely indicative estimates based exclusively on availability, normal order processing and delivery times declared by the carriers and do not imply any constraint on Tradehotel. In any case, delivery will take place within 30 days of receipt of the conclusion of the contract, pursuant to art. 61, Consumer Code.
6.3 For delivery, the presence of the user or his / her representative who is suitable and authorized to receive delivery is also required in relation to the nature of the Products ordered; the user expressly exempts Tradehotel from any liability in this regard. Delivery will not be made if the user or the person appointed by him is manifestly unsuitable for the withdrawal of the Products due to age conditions. Couriers do not deliver to post office boxes or by inserting the Products in letter boxes or other similar places.
6.4 Users, or other subjects possibly appointed by users who are at the address indicated for the delivery of the Products, are required to verify, upon delivery, that: (i) the Products correspond to what is indicated in the courier's transport document (DDT) both in number and type; (ii) the packaging / packaging of the Products is intact, not damaged, nor wet or otherwise altered, even in the closing materials. Any damage to the packaging / packaging of the Products must be immediately contested by the users by affixing a written control reserve on the proof of delivery of the courier. It is understood that, once the courier document has been signed without any dispute, users can no longer raise any complaint to Tradehotel with reference to the external characteristics of what has been delivered.
6.5 The transfer of ownership of the Products will occur at the time of delivery as well as the risk of loss or damage to the Products will be transferred to the user at the time of delivery, that is when the latter, or a third party designated by him, will materially become available of Products.
7) Product warranty.
7.1 All the Products sold on the Site are covered by the legal guarantee of conformity provided for in articles 128-135 of the Consumer Code.
7.2 Tradehotel is responsible for any lack of conformity existing at the time of delivery of the Product and which occurs within 1 week of such delivery, unless the Product has not been used in the meantime.
7.3 If a purchased Product has a lack of conformity, the user is required to communicate it within 7 days from the date on which he discovered the defect, otherwise the warranty will no longer be valid. In order to take advantage of the legal guarantee, the user must provide the order confirmation or the purchase invoice, if required, or any other document that can attest to the date of the purchase (for example, the bank card statement credit or bank statement) and delivery.
7.4 Any failure of the Products caused by accidental events or by the user's liability, such as a bad or improper way of storing the Products, is excluded from the scope of the legal guarantee.
7.5 In the event of a lack of conformity duly reported in the terms, the user has the right: (i) primarily, to the free replacement of the Product, of his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other, taking into account in particular that it is perishable food products; (ii) on a secondary basis (in the event that the replacement is impossible or excessively expensive to reduce the price or terminate the contract of your choice.
7.6 The purchase with VAT number is considered an indication of the non-existence, for the purposes of the legal guarantee of conformity, of the quality of consumer. Those who purchase with VAT will be granted the guarantees for the defects of the thing sold provided for by the Civil Code. 7.7 In the event of conformity defects of Products sold by Tradehotel, the user must immediately contact Customer Service using the methods indicated in the following article 11.
8) Errors and limitations of liability.
8.1 The information relating to the Products provided through the Site are constantly updated. However, it is not possible to guarantee the complete absence of errors for which Tradehotel cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.
8.2 Tradehotel reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior communication, without prejudice to the rights of the user pursuant to these general conditions and the Consumer Code.
8.3 Except for willful misconduct or gross negligence, any right of the user to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to people and / or things, caused by non-acceptance or evasion, even partial, of an order.
9) Right of withdrawal.
9.1 Pursuant to and for the purposes of art. 59 lett. d) of the Consumer Code. Pursuant to and for the purposes of art. 59 lett. c) of the Consumer Code, the right of withdrawal for customized or tailor-made Products at the request of the user is in any case excluded.
9.2 In all other cases, the user, who acts as a consumer, has the right to withdraw, without penalty and without the need to specify the reason, no later than fourteen days from receipt of the Products (or, in the case of goods multiples ordered through a single Order and delivered separately, from the day on which the user or a third party designated by him, other than the carrier, acquires physical possession of the last good).
9.3 For the purpose of exercising the right of withdrawal, the user must, before the expiry of the period referred to in the previous point, inform Tradehotel of his decision by sending written communication within 14 days of receipt of the Products to the following address: - Tradehotel Nalon srl with headquarters in Via Antonio Meucci, n. 7A - 35030 - Rubano - Padova (PD). This communication can be sent by post, or by e-mail to email@example.com. You can use the form available at this link https: // https: //tradehotel.storeden.com/contactus
9.4 In case of exercise of the right of withdrawal, the user is required to return the Products received to Tradehotel, by sending them to his office at the address indicated above, without undue delay and in any case within the fourteen days following the date on which he communicated his decision to withdraw; the term is considered respected if the user returns the Products before the expiry of the fourteen-day period.
9.5 The direct cost of returning the Products is borne by the user
9.6 The user is required to return the Products in an intact state of conservation. The packaging of the Products must be accurate, in order to safeguard the original wrapping from damage, writing or labels. The consumer is responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics or functioning of the same.
9.7 If the right of withdrawal has been exercised in accordance with the aforementioned provisions, Tradehotel will, within fourteen days of receiving the withdrawal notice, return all payments received to the user, in relation to the order to which the withdrawal refers, using the same means of payment used by the user for the initial transaction where this does not entail the user costs resulting from the refund; however, Tradehotel has the right to withhold the refund until it has received the Products or until the user has demonstrated that he has sent the Products back, whichever occurs first.
10) Applicable law, jurisdiction and competent court. Alternative dispute resolution.
10.1 These general conditions or in any case orders sent under these general conditions will be subject to and must be interpreted in accordance with Italian law.
10.2 All disputes relating to the interpretation and / or execution of these general conditions and orders issued pursuant to them, will be the exclusive competence of the forum of residence or domicile of the user qualifiable as consumer if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Padua, any other jurisdiction excluded.
10.3 The consumer residing in the European Union must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently and without prejudice to the preceding article 10, the user who makes purchases as a consumer can use this platform to resolve any dispute arising from the online contract entered into with Tradehotel. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
11.1 For further information and assistance on the Site or on how to purchase on the Site or on orders, users can contact Tradehotel via customer service via email at the following address: https://tradehotel.storeden.com/