Terms and conditions

The offer and sale of products on the website shop.abbona.com are governed by the following General Terms and Conditions of Sale.

Products purchased on the website in question are sold by Az. Agr. Abbona di Abbona Marziano e c. s.s. (also simply Marziano Abbona) with registered office in Borgata San Luigi, 40 – 12063 Dogliani (Cn) – P. Iva 00450870043.

1. CONCLUSION OF THE CONTRACT OF SALE

1.1 These general conditions of sale are an integral and essential part of the contract of sale with the customer. The telematic sending of the order by the customer implies total knowledge of these General Conditions of Sale and their full acceptance. If the customer does not agree with one or more of the terms contained in these General Terms and Conditions of Sale, he/she is requested to refrain from making purchases on shop.abbona.com (the “Site”).

1.2 In order to conclude its purchase contract with Marziano Abbona, the customer must transmit its order to the same by following the procedure recalled on the Site. The telematic transmission of the order triggers the obligation on the part of the customer to pay the total price indicated therein.

1.3 When the customer places an order, he will receive an e-mail from Marziano Abbona that contains confirmation of receipt of the order and its summary: this e-mail will not, however, constitute automatic acceptance of the order itself.

1.4 Marziano Abbona reserves the right to refuse orders from customers with whom there is an ongoing dispute regarding payment for a previous order.

2. SALE PRICES.

2.1 All sales prices of the products displayed and indicated within the Site are inclusive of VAT and any other taxes that may be applicable in connection with the sale.

2.2 The cost of shipping and transport, if any, is expressly indicated during the making of purchases and will be clearly indicated and displayed before the completion of the order.

2.3 Product prices may be subject to update. The customer is required to ascertain the final sale price before placing the relevant order. The blatant material error reported in the price present on the Site compared to the commonly known price of the chosen product, implies the right for Marziano Abbona not to confirm the shipment and proceed with an immediate refund of the value of the purchase paid by the customer without the latter being able to oppose exceptions in this regard.

3. MODE OF DELIVERY

3.1 Throughout Italy, shipping is free for orders over € 199.00; for lower amounts, the cost of shipping is € 15.00 made by Express Courier.

3.2 Marziano Abbona will make every effort to fulfill the orders transmitted within 3-5 working days and in any case no later than 30 days from the day following that on which the customer has transmitted the order.

3.3 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after such verification, and subject of course to the right of withdrawal provided for in paragraph 7 below, the customer must sign the documents of receipt of the goods. By filling out the master data sheet in the registration procedure necessary to activate against him the procedure for the execution of this contract and its further communications, the customer authorizes Marziano Abbona to communicate data such as name, surname, residence and / or domicile and telephone number) to couriers and / or forwarding agents of confidence used for the delivery of goods purchased in order to allow the necessary procedures for their delivery. Couriers and forwarding agents are to be considered Responsible for the Processing of Personal Data pursuant to Article 28 of EU Regulation 2016/679.

4. METHODS OF PAYMENT

4.1 The various payment methods are detailed on the page on the same payment methods (https://www._.it/shop/pagamenti).

4.2 In case of payment by credit card, the payment procedure will take place through a secure connection connected directly to the bank that owns and operates the online payment service, which Marziano Abbona cannot access. In particular, financial information (for example, the number of the credit/debit card or the date of its expiration) will be forwarded, via encrypted protocol to those who provide the relevant remote electronic payment services, without third parties being able, in any way, to have access to it. Such information, moreover, will never be used by Marziano Abbona except to complete the procedures relating to the purchase and to issue the relevant refunds in the event of any returns of products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud carried out on the Site.
The amount of the order will be charged at the time of the bank transaction except, of course, the customer’s right to have the amount credited back in any case of default by the Seller or failure to execute the contract for reasons attributable to the Seller itself.

4.3 The customer is solely responsible for the data entered therefore he guarantees to use only credit cards of which he has the legitimate availability.

5. LIABILITY

5.1 Marziano Abbona assumes no responsibility for inefficiencies attributable to fortuitous events and/or force majeure, or in any case not attributable to the Seller, such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute the contract in the agreed time.

5.2 Marziano Abbona shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the above causes, the customer being entitled only to a refund of the price paid.

5.3 Delivery will take place on behalf of Marziano Abbona by couriers and / or shippers in the ordinary time necessary for them; however, in the period from March 09, 2020 onwards, delivery times may be subject to extensions due to the epidemiological emergency caused by the known virus COVID19: this condition, therefore, justifies any delays that may occur in the delivery of products purchased without such delays can be attributed to Marziano Abbona.

5.4 Likewise, Marziano Abbona is not responsible for any fraudulent and illicit use, which may be made by third parties, of credit cards at the time of payment for the products purchased. Marziano Abbona in fact, at no time during the purchase process is able to know the customer’s credit card number which, by opening a secure connection, is transmitted directly to the manager of the banking service.

5.5 The essential characteristics of the products are presented on the Site within each product sheet. However, the images and colors of the products offered for sale may not correspond to the real ones due to the effect of the Internet browser and monitor used and in any case are merely illustrative of the product in order to show it for sale.

6. CUSTOMER’S OBLIGATIONS

6.1 Underage persons are strictly prohibited from placing an order on the Site.

6.2 The data entered at the time of purchase must be exclusively one’s own real personal data and not those of third parties, or fantasy. Marziano Abbona reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

6.3 The customer indemnifies Marziano Abbona from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the customer, being himself solely responsible for the correct entry.

7. RIGHT OF WITHDRAWAL AND REFUNDS

7.1 According to Legislative Decree No. 206/05, the customer in case of purchase of products on the site of Marziano Abbona, has the right to withdraw from the contract within 14 working days from the date of delivery of the goods and without having to provide any reason. The withdrawal period expires after 14 working days from the day on which the customer or a third party – other than the carrier and designated by the customer – acquires physical possession of the goods. In order to exercise the right of withdrawal, the customer is required to inform Marziano Abbona of the decision to withdraw by means of an explicit statement sent to the indicated contacts.
Such notice must be sent by registered letter with acknowledgment of receipt addressed to: Az. Agr. Abbona di Abbona Marziano e c. s.s. – head office in Dogliani (CN) – Borgata San Luigi, 40 – 12063, or by e-mail to abbona@abbona.com. The purchased goods must be intact and returned in the original packaging, complete in all its parts; if the original packaging is damaged, we recommend replacing it or putting it in another box. The return shipment, until the certificate of receipt in Marziano Abbona’s warehouse, is under the complete responsibility of the consumer. Marziano Abbona is not liable in any way for damage or theft/loss of goods returned by uninsured shipments. Return costs are the responsibility of the customer. Without prejudice to any costs for products returned partially damaged, Marziano Abbona will refund the consumer, as soon as possible and in any case no later than 14 days from the return of the goods, through a transfer procedure of the amount charged to the Credit Card.

7.2 The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the good (packaging and / or its contents), in cases where Marziano Abbona ascertains:

• even partial use of the good and any accessory materials;
• the lack of the outer packaging and / or the original inner packaging;
• the absence of integral elements of the product (any accessories integrated into the product);
• damage to the product for reasons other than its transport.

In the cases mentioned above, Marziano Abbona will return the purchased goods to the consumer, charging the same for the cost of further shipment.

7.3 The right of withdrawal under Art. 59 of the Consumer Code does not apply to goods made to measure or clearly personalized or which, by their nature, are likely to deteriorate rapidly, are sealed and are not suitable to be returned for hygienic reasons or are related to the protection of health and have been opened after delivery.

8. PROCEDURE TO BE FOLLOWED FOR RETURN

8.1 The a/r letter or email shall contain:

• the invoice number
• the order number
• an indication of the product(s) for which the right of withdrawal is to be exercised
• the item code (if any)

Afterwards Marziano Abbona will send a confirmation email in order to agree on the modalities of return, which can take place within 14 days from the communication.

8.2 The Customer must place inside the packaging box a copy of the delivery document received.
The Customer shall affix, on the packaging, in a visible manner the document received from Marziano Abbona following the notice of withdrawal referred to above, in which the shipping address and details relating to the order necessary to identify the return at destination are already indicated. The Customer is advised to include a copy of this document also inside the packaging, in order to avoid its loss or the inability to identify the return once it reaches the warehouse. The related costs of shipping the goods will be borne by the Customer, unless Marziano Abbona has not informed the same in this regard at the conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code.

9. WARRANTY

9.1 On the site Marziano Abbona are for sale only quality products, the mode of storage, handling and transport are such as to preserve the good characteristics of the product. We suggest the customer to check the integrity of the products upon receipt, in case of problems, immediately contact Marziano Abbona through the following email address: abbona@abbona.com

10. APPLICABLE LAW AND PLACE OF JURISDICTION

10.1 These contractual conditions and all disputes concerning the order of products from Marziano Abbona, the execution of the same order, the interpretation and validity of the contract, are subject to Italian law. The parties agree and undertake to devolve any dispute to the territorial jurisdiction of the place of residence or domicile of the Customer – Consumer, if located in the territory of the Italian State.