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GENERAL CONDITIONS OF SALE THROUGH THE INTERNET SITES  FROM  LORENZO POZZI

 

LORENZO POZZI, CF PZZ LNZ 00H04 F704J, PI 11548410965, with laboratory in 20853 Biassono (MB), Via Casiraghi e Riboldi n. 37, mail:  loripozzi58@icloud.com , pec:  pozzilore@legalmail.it  " Services"):

www.lorenzopozzi.com

www.lorenzopozzi.it

www.lorenzopozzi.eu

www.pozzilorenzo.it

 

  1. GENERAL NOTES

  1.1  These general conditions of sale ("General Conditions") exclusively govern the distance selling via web and e-mail of the Products and Services as identified and listed on the sites  www.lorenzopozzi.comwww.lorenzopozzi.itwww.pozzilorenzo.itwww.lorenzopozzi.eu  (hereinafter "Sites" or individually "Site") in accordance with the provisions of the Civil Code, of Legislative Decree n. 206/2005 and subsequent amendments (so-called Consumer Code), and of Legislative Decree. n. 70/2003 and subsequent amendments (legislation on Electronic Commerce).

1.2 These conditions apply:

1.2.1  and to contracts concluded with the Customer-Consumer, as identified pursuant to art. 3 lett. a) of the Consumer Code or "the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out";

1.2.2. both to the Client-Professional, as identified pursuant to art. 3 lett. c) of the Consumer Code or "the natural or legal person who acts in the exercise of his business, commercial, craft or professional activity, or his intermediary".

1.3. Without prejudice to the possibility for LORENZO POZZI to modify these provisions at any time, in the event of changes to these General Conditions, the General Conditions published on the Site at the time of 'sending of the Order itself by the buyer (hereinafter also referred to as "Customer").

 

2. OBJECT OF THE CONTRACT

2.1.  With these general conditions of sale, LORENZO POZZI sells and the Customer remotely purchases the Products with the relative prices as present on the reference Site, with respect to which it reserves the right to make even substantial changes, even without notice, pursuant to art . 7.12.

2.2. The contract is concluded through the internet, by accessing the sites  www.lorenzopozzi.comwww.lorenzopozzi.itwww.pozzilorenzo.itwww.lorenzopozzi.eu  and following the execution of a purchase order according to the procedure provided on the Site.

2.3. The purchase contracts stipulated on the Site and concerning the Products and Services (hereinafter also "Purchase Agreements" or simply "Contracts") are concluded with LORENZO POZZI. 

2.4. The Customer, before proceeding with the confirmation of his Order, undertakes to read these general conditions of sale, in particular, the pre-contractual information provided by LORENZO POZZI and to accept them by affixing a special check in the indicated box.

2.5. By checking the box "I accept the General Conditions of Sale" at the time of confirming his order on the Site, the Customer acknowledges that he has read and accepted these Conditions of Sale without reservation.

2.6. By checking the box "I declare that I have read the privacy policy", the Customer acknowledges that he has read and understood the information on the treatment that will be carried out on his personal data.

2.7. By checking the box "I consent to the processing of my personal data for marketing purposes based on the Privacy Policy ", the Customer gives consent after reading and understanding the information on the processing of personal data for the respective purposes.

2.8. In the order confirmation e-mail, the CUSTOMER will also receive a link from which to download these Conditions of Sale, as well as the  Privacy Policy , however always available on the site in the most updated version.

 

3. PRE-CONTRACTUAL INFORMATION FOR THE CUSTOMER-CONSUMER

3.1.  Pursuant to art. 49 of the Consumer Code, the Customer before the conclusion of the purchase contract is put in a position to know the characteristics of the goods at the time of choice and, in particular, is informed:

3.1.1 of the total price of the goods including taxes and accessory charges, with details of shipping costs and any other foreseeable costs;

3.1.2. the payment methods;

3.1.3. the exclusion of the right of withdrawal for products customized and made to measure by LORENZO POZZI;

3.2 The Customer from the moment he connects to the sites  www.lorenzopozzi.comwww.lorenzopozzi.itwww.pozzilorenzo.itwww.lorenzopozzi.eu , and in any case before the conclusion of the contract, is put in a position to have any information relating to LORENZO POZZI, simply by scrolling down the web page (so-called footer) where his data are shown:  

 

LORENZO POZZI, CF PZZ LNZ 00H04 F704J, PI 11548410965,

with laboratory in 20853 Biassono (MB), Via Casiraghi and Riboldi n. 37,

mail:  loripozzi58@icloud.com , pec:  pozzilore@legalmail.it .

 

4. ORDER

4.1. Except in exceptional cases of necessity and expressly authorized by LORENZO POZZI following other channels, it is to be understood that the Orders can be concluded exclusively through the online order procedure made available on the sites  www.lorenzopozzi.comwww.lorenzopozzi.itwww.pozzilorenzo.itwww.lorenzopozzi.eu .

4.2. The Customer concludes the order procedure correctly if the Site does not show any error messages (the system cannot detect errors in reference to the data entered by the Customer in the field dedicated to billing and shipping addresses).

 

5. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

5.1. The Purchase Agreement will be concluded between LORENZO POZZI and the Customer upon receipt by the latter of an e-mail (hereinafter also referred to as "Order Confirmation" or "Confirmation") to the e-mail address communicated during the purchase phase, and not before.

5.2. The Confirmation will contain the report of the order made, including the delivery costs and the costs related to any additional Services requested by the Customer, as well as the instructions for making the payment by bank transfer if the Customer has preferred this specific method of payment and LORENZO POZZI has expressly consented pursuant to the following art. 6.1.

5.3 . The Customer undertakes to verify with the utmost attention and care the correctness of the data entered during the purchase phase, as well as after receiving the Order Confirmation.

5.4 . The Customer undertakes to notify LORENZO POZZI of any corrections that may be necessary within and no later than 24 (twenty-four) hours from receipt of the Confirmation.

5.5 . The Order Number communicated by LORENZO POZZI must be used by the Customer in any communication with the same.

5.6 . LORENZO POZZI undertakes to describe and present the Products on the Site in the best possible way, it being understood that there may be some differences compared to the actual Product.

5.7 . The Customer declares to be aware that the photographs of the Products presented on the sites  www.lorenzopozzi.comwww.lorenzopozzi.itwww.pozzilorenzo.itwww.lorenzopozzi.eu  they do not constitute a contractual element, but merely an example.

 

6. METHOD OF PAYMENT

6.1. Except in exceptional cases of necessity and expressly authorized by LORENZO POZZI, it is understood that the payment by the Customer can only be made in the manner indicated on the Sites  www.lorenzopozzi.comwww.lorenzopozzi.itwww.pozzilorenzo.itwww.lorenzopozzi.eu  and available at the time of purchase: credit card, prepaid card, PayPal or cash (on delivery).

6.2. The actual amount of the Order will be charged in case of payment by credit card or prepaid card, and in case of payment with PayPal, upon receipt of the Order Confirmation e-mail sent by LORENZO POZZI or by its Site.

6.3. The communications relating to the payment and the data communicated by the Customer when this is done take place exclusively on protected lines:

6.3.1. the security of payment by credit card and prepaid card is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification;

6.3.2.  the security of payments made with PayPal is guaranteed through the 3-D Secure (3DS) authentication protocol, in compliance with the European regulations in force on Strong Customer Authentication (SCA) for online transactions made by card in the European Economic Area (EEA) .

 

7. PRICES

7.1. All the prices of the products indicated on the site already include accessories and, therefore, are to be considered finished. 

7.2. Any delivery costs and expenses relating to additional Services made available by LORENZO POZZI, as indicated in the subsequent articles of these General Conditions, are charged to the Customer and separately detailed with respect to the price of the Product referred to in the previous article ( art. 7.1).

7.3. Any additional costs associated with the export and / or delivery of the Products outside Italy are to be understood expressly at the expense of the Customer.

7.4. The cost of the Delivery Service in Italy is fixed at a fixed rate of Euro 5.00 for Orders whose total value (excluding transport costs) does not exceed Euro 20.00, excluding the Islands for which a specific quote must be requested from LORENZO POZZI.

7.5. The cost of the Delivery Service in Italy is fixed at a fixed amount of Euro 4.00 for Orders whose total value (excluding transport costs) is included between Euro 20.00 and Euro 50.00, excluding the Islands for which specific quote should be requested from LORENZO POZZI.

7.6. The cost of the Delivery Service in Italy is fixed at a fixed amount of Euro 2.00 for Orders whose total value (excluding transport costs) is included between Euro 50.00 and Euro 100.00, excluding the Islands for which specific quote should be requested from LORENZO POZZI.

7.7. The Delivery Service in Italy is free for Orders whose total value (excluding transport costs) is greater than Euro 100.00, with the exception of the Islands for which a specific quote must be requested from LORENZO POZZI.

7.8. The cost of the Delivery Service outside Italy (within European limits), excluding the Vatican City and the Republic of San Marino, is set at a fixed rate of Euro 20.00 for Orders whose total value (excluding transport costs) is at least Euro 25.00.

7.9. For the cost of the Delivery Service for destinations not expressly mentioned above, a specific quote must be requested from LORENZO POZZI.

7.10. Greater costs deriving from any unsuccessful delivery attempts that are attributable to the failure to appear at the address provided or to the indication of an incorrect or outdated address, will be exclusively borne by the Customer.

7.11. The Price shown on the Site at the time the Order is sent is applied to the Products and Services, without any consideration of previous offers or any subsequent price changes. 

7.12. Without prejudice to the provision referred to in the previous article (7.11), LORENZO POZZI reserves the right to change the prices of the Products and Services on its site at any time.

7.13. In the event of an IT, manual, technical or any other type of error that could lead to a substantial change, not foreseen by LORENZO POZZI, of the retail price, which makes it exorbitant or clearly derisory, the Order will be considered invalid and canceled and any amount paid by the Customer will be refunded or, if of interest to the latter, a coupon of at least the same amount will be issued.

 

8. DELIVERY OF PRODUCTS

8.1. LORENZO POZZI will carry out the delivery (hereinafter "Delivery Service" or simply "Delivery") at its total discretion, personally, by courier, by postal service, upon receipt of payment with the sole exception of cash payment to him personally.

8.2. Any costs deriving from and / or connected to one or more unsuccessful delivery attempts that are attributable to the failure to appear at the address provided and / or to the indication of an incorrect and / or outdated address, will be exclusively charged to the Customer.

8.3. During the conclusion of the Order, the estimated delivery date will be indicated, which in any case will have a purely indicative value: the delivery schedule remains at the total discretion of LORENZO POZZI, to which no responsibility can be attributed in case of duly anticipated variation. to the client. 

8.4. The Customer declares to exonerate LORENZO POZZI from any responsibility in case of delays caused by unforeseeable events, acts, facts and circumstances at the time of the conclusion of the individual Purchase Contracts, inevitable and in any case beyond the control of LORENZO POZZI (by way of example but non-exhaustive, vehicle breakdowns, strikes, riots, natural disasters, administrative and official restrictions of any kind that limit the exercise of commercial activity and / or circulation, particular municipal, provincial, regional or national restrictions deriving from pandemics, etc. .), who will make every reasonable effort to fulfill the obligations assumed and provided for in the Purchase Agreement.

8.5. In the unexpected and uncontrollable situations referred to in the previous article (8.4), however, LORENZO POZZI will promptly notify the Customer of a new deadline within which it will fulfill the Delivery.

9. WITHDRAWAL

9.1 . Without prejudice to the forecasts referred to above (Article 8), the Customer can alternatively opt to collect the Product in person at the LORENZO POZZI laboratory, by making an appointment via the dedicated line:

20853 Biassono (MB), Via Casiraghi and Riboldi n. 37,

mail:  loripozzi58@icloud.com ,

for calls and WhatsApp Business: +39 349.1173671

(from 09:00 to 19:00).

9.2. The Customer declares to exonerate LORENZO POZZI from any responsibility and / or claim and / or request for compensation in case of access for collection at his laboratory without a prior appointment, expressly confirmed by LORENZO POZZI on the day and time.

 

10. EXCLUSION OF THE RIGHT OF WITHDRAWAL

10.1.  In accordance with art. 59 of the Consumer Code, the right of withdrawal is expressly excluded for products created and tailor-made (personalized) such as LORENZO POZZI Products, consisting of specially prepared foods.

 

11. LANGUAGE, VALIDITY, APPLICABLE LAW AND JURISDICTION 

11.1.  These Conditions of Sale are drawn up in Italian, the official language of LORENZO POZZI's country of origin and the only one valid in the event of inconsistencies in meaning with respect to any translations made available in other languages on the Sites.

11.2.  These Conditions of Sale consist of all the clauses that make them up. If one or more provisions of these Conditions are subsequently considered invalid or declared as such under the law, customs or following a decision by a competent judicial or administrative authority, the other provisions will continue to have full force and effect.

11.3.  These Conditions of Sale and the relationship between the parties are governed exclusively by Italian law. 

11.4.  Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Justice of the Peace or Court of the place of residence or domicile of the Customer-Consumer or of the Justice of the Peace or Court of Monza in relation to the Customer-Professional.

11.5.  In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree n. 28/2010, for the resolution of any disputes arising in the interpretation and execution of these Conditions of Sale.

11.6.  Pursuant to and for the purposes of art. 141-sexies, paragraph 3 of the Consumer Code, the Customer-Consumer is informed (this ex art.3, paragraph 1, letter a) of the Consumer Code), that, in the event that he has submitted a complaint directly to LORENZO POZZI, following which it was not however possible to resolve the dispute that arose, he may contact the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations deriving from the contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).

11.7.  In particular, a European platform has been set up for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform, available at the following address  http://ec.europa.eu/consumers/odr/ , provides the consumer User with the list of ADR bodies and the related links to the sites, through which it is possible to start an online dispute resolution procedure in which is involved.

11.8.  In any case, the right of the Customer-Consumer to refer to the competent ordinary judge of the dispute deriving from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, in compliance with the relative conditions and limits.

11.9.  In the event that the User resides in a Member State of the European Union other than Italy, he can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the site  www.eur-lex.europa.eu .

 

12.CALL FOR THE PROCESSING OF PERSONAL DATA

12.1 . Customer data are processed by LORENZO POZZI in accordance with the provisions of European and Italian legislation on the protection of personal data (EU Reg. No. 679/2016 or GDPR and Legislative Decree no. 196/2003 as mod. From Legislative Decree no. 101/2018), as specified in the  Privacy Policy  available on the site

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