CONDITIONS OF SALE

These conditions apply to purchases made through the website www.risoli.com on Italian territory .

They comply with Legislative Decree no. 70/2003 Implementation of Directive 2000/31/EC on the legal aspects of information society services in the internal market, with particular reference to electronic commerce and the rules of national and international legislation.

The sale of goods to Consumers is also subject to the Consumer Code (in implementation of theDirective (EU) 2019/771 amending Regulation (EU) 2017/2394 and the Directive 2009/22/EC) and subsequent amendments.

The site is managed by Risolì di Montini A. S.r.l. with headquarters in Via Ruca, 82, 25065 LUMEZZANE (BS), C.F.02061350175, which deals with the sale of high thickness (6/8 mm) cast aluminum pots and pans and kitchen tools.

Definitions

“Account”: the personal area in which the User, after registering, can access the details of any Orders;

“Customer”: anyone who purchases Products from the Site www.risoli.com;

“Consumer”: anyone who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, as defined pursuant to article 3, letter. a), of the Consumer Code Legislative Decree 206 of 6 September 2005;

“Non-Consumer Customer”: whoever acts for purposes not unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, as defined pursuant to article 3, letter. a), of the Consumer Code Legislative Decree 206 of 6 September 2005

“Consumer Code”: Legislative Decree 6 September 2005, n. 206 regarding the sale of goods in implementation of theDirective (EU) 2019/771 amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and subsequent amendments and/or additions;

“Conditions of Sale”: these conditions governing sales on the site;

“Content”:all information, videos, images, sounds, music, photographs, software, newsletters (containing news connected to the activity and products of the Site and to be understood , therefore, an integral part of this), the animations, the databases, the design and contents, any trademarks shown and/or referred to, the logo, the technical solutions adopted, the graphic creations, the look&feel, the structure and any other part already created or to be created, published on the Site, whether registered or not, covered by copyright or not, or any other material (in any form) or service made available through the Site or otherwise accessible from the website www. risoli.com, including information sheets relating to Products;

“Contract”: includes the Conditions of Sale and any other conditions and/or terms published on the Site, including any modifications made by RISOLI or negotiated by the latter and the Customer;

“Cookie policy”: summary document of the types of cookies used;

“Personal Data” or “Data”:any information attributable to a natural person;

“D. Legislative Decree 70/2003 of 6 April 2003”:implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce;

“Working Day”: every day/all calendar days, with the exception of Saturdays, Sundays and public holidays;

“Interested party”:the natural person to whom the Personal Data processed refers;

“Purchase Order”: the Order for the purchase of one or more Products;

“Product”:any product on sale on the Site www.risoli.com;

“Factory Outlet”: section of the site dedicated to the sale of products which, following quality control, have presented slight manufacturing defects which prevent them from being sold as first choice products or which have suffered damage from transport. In any case, these are articles that are perfectly functional because they have passed the tests required by current legislation;

“Privacy policy”: document concerning the conditions of processing of personal data of Users and Customers in accordance with European Regulation (EU) no. 2016/679 and Italian legislation;

“Service”: any ancillary Service provided by the Seller and connected to the sale of the Product, such as, by way of example but not limited to, transport and shipping;

“Data Controller”: is the company RISOLI’ DI MONTINI S.R.L. as the subject who determines the purposes and means of the processing of Personal Data and the tools adopted, including the security measures relating to the operation and use of the Site;

“Seller”:RISOLI’ DI MONTINI S.R.L..

1. OBJECT

1.1. This Agreement concerns and contains the terms and conditions that govern the sale of Products through the Website www.risoli.com to both Consumers and Non-Consumer Customers.

2. PLACING THE ORDER, PAYMENT METHODS, INVOICING

2.1. To purchase Products on the Store, you must:

– have accepted these Conditions of Sale;

– provide your name, address, contact details, payment details and other requested information;

– provide a valid delivery address;

– provide any further information useful for the delivery of the purchased Product and/or Service.

The Customer accepts that his Order is valid as an irrevocable purchase proposal for the Product(s) and/or Service indicated in the Order pursuant to these Conditions of Sale, without prejudice in any case to the right of withdrawal in the case of a Consumer thus as detailed below.

2.2. It is specified that the information provided by the Customer at the time of payment will be used by the Seller only to complete the procedures relating to and connected to the Order and/or to issue any refunds, or if it is necessary to prevent or report the commission of fraud on the Site to the competent authorities.

3. BILLING

3.1. In the case of online sales to Consumers (not holders of VAT number), the issuing of an invoice (or receipt or tax receipt) is not required pursuant to art. 22 of the Decree of the President of the Republic of 26/10/1972 n. 633 and article 2, letter oo) of the Presidential Decree of 21 December 1996, n. 696 (as confirmed by Resolution no. 274/E of 5 November 2009).

If the Customer nevertheless wishes to request the issuance of the invoice, he must indicate this desire before completing the Order, providing the necessary data.

3.2. In the event of a request by a Consumer, or in the case of online sales to a non-Consumer Customer (who identifies as such at the time of the Order), the invoice will be issued in electronic format and sent via the so-called. Exchange System (ES). It is also possible to request a copy of the courtesy invoice at  info@risoli.com.

4. HOW TO PURCHASE THE PRODUCT

The Customer can purchase any Product on the Site, having the characteristics described and the price (including any taxes) indicated in the relevant Information Sheet. Any photographic representation of the Product present in the same or other parts of the Site is intended for purely illustrative and/or descriptive purposes of the characteristics of the Product depicted therein.

The Products included in the section of the site defined as “Factory Outlet” will be considered purchased by the Customer in full awareness that these are items which may have presented slight aesthetic defects as described above, defects which will be considered accepted by the Customer for all purposes. of law.

5. SENDING AND ACCEPTANCE OF THE ORDER. FORMATION OF THE CONTRACT

The purchase of the Product(s) occurs by sending the Purchase Order by the Customer through the Site.

If the Customer encounters problems with his Order, he is asked to immediately contact the Seller at the email address info@risoli.com.

The contract between the parties (the “Contract”) is concluded when the Order confirmation email is sent to the Customer or, in the case of payment by bank transfer, upon receipt of the relevant payment, as specified in the email itself.

The actual reading by the Customer of the confirmation email will have no effect on the conclusion of the contract; the inclusion of the same in the “junk mail”, “spam” or similar section by the Customer’s email manager will have a similar effect.

In the case of Purchase by a Consumer, after the conclusion of the Contract, the Seller is obliged to deliver the Product(s) within 30 (thirty) days, in compliance with the provisions of the Contract and the Consumer Code.

6. SHIPPING and DELIVERY

6.1. The Product(s) is/are shipped, generally, within 30 daysfrom the date of sending the confirmation email, or from the date of receipt of payment , if later, from Monday to Friday, excluding holidays and national holidays, and without prejudice to cases of force majeure and/or any impediments not dependent on the will of the courier, nor of the Seller.

6.2. The Products purchased on the Site will be delivered to the address indicated by the Customer, throughout the Italian territory.

6.3. It is advisable to always indicate a telephone number when ordering for any communications from the courier.

6.4. Upon delivery of the package, the recipient must check that the packaging is intact and in any case not damaged. Otherwise, i.e. if upon delivery/unloading of the goods there is damage to the packaging, the Customer must, alternatively:

– express a reservation: this means that the package is accepted, but before signing the document, the recipient must write in the appropriate space “I accept with right of reservation”, describing in writing in detail the nature of the damage found, after having opened the package in the presence of the carrier/courier;

– reject the damaged goods if it is not possible to accept the package with reservation, or if the damage is still visible without having to open the package and check the integrity of the contents.

In cases where the Customer accepts with reservation or refuses the delivery, he is asked to promptly inform the Seller by writing to info@risoli.com., possibly accompanying the communication with photographic material and a description of the alleged damage found.

6.5. The Seller is exonerated from any liability for delays in delivery or non-delivery, if the delay or non-delivery is caused by cases of force majeure and/or any impediments not dependent on the will of the courier or of the Seller itself, including, by way of example but not limited to, acts of war or terrorism, strikes, states of emergency at a national, regional or local level (including any possible governmental measure at a national and/or regional and/or or premises adopted also following health or other epidemiological emergencies and which could influence the shipping and delivery times and/or in any case the operation of the Services themselves), failure of the transport infrastructures, interruptions in the electricity supply or other utilities, earthquakes, other natural disasters, postponements or delays in delivery caused by the recipient.

7. PRICES, TAXES AND DUTIES

The total price charged to the Customer is equal to the sum of the price of the individual Products purchased, including all applicable taxes and/or duties, as indicated in the Product Information Sheet, and any shipping costs.

This total price will be precisely indicated in the summary sheet that will be generated before the conclusion of the Order and will also be summarized by the Seller in the Order confirmation email.

Any discrepancy in the prices of the products included on the main page, compared to those found in the “Factory Outlet” section, is solely due to the fact that the latter have presented slight aesthetic defects, as described previously. The discounts applied are, therefore, solely connected to the fact that the Customer will receive a product of slightly lower aesthetic quality than that which would have been guaranteed by the purchase of an item which has passed the quality tests without reservations.

8. COMPATIBILITY, PRODUCT INFORMATION, PHOTOGRAPHIC PERFORMANCE

8.1. The Customer is asked to verify, at the time of the Order, that the Products purchased are compatible with the use for which he intends to allocate them. It is emphasized to the Customer that the Products sold on the Site may be partially different from the photographs in which they are reproduced. The said photographs in fact have a merely illustrative and/or descriptive purpose.

Furthermore, due to the limitations of reproduction of images of the Products on the screen, the colour, size and design of the same may diverge from the actual characteristics of the Products themselves: they may in fact appear in the photograph slightly larger or smaller than their actual size , due to defects in the screen or photographic techniques. Other Products may be represented with larger dimensions than their actual dimensions in order to show any details more clearly, or with smaller dimensions in order to show the entire object.

8.2. As regards the characteristics and certificates of the Products, please refer to the information sheets in the online Store for each of them.

9. RIGHT OF WITHDRAWAL, RETURN AND REFUND

9.1. The Consumer has by law 14 (fourteen) calendar days to withdraw from the contract with the Seller with reference to one or more Products purchased on the Site’s Store.

The right of withdrawal can be exercised by the Consumer without providing any explanation on the reasons on the basis of which it was decided to exercise it as long as with an explicit and unequivocal declaration, to be sent to the Seller in one of the following ways:

• by registered mail to the address:

RISOLI’ DI MONTINI S.R.L.

Via Ruca, 82

25065 LUMEZZANE (BS)

or

• half p.e.c. at risoli@legal.intred.it

or

• via e-mail at  info@risoli.com.

indicating the number and date of the Order, as well as the name and surname of the Consumer and a detailed description of the Product(s) for which he/she intends to exercise said right.

9.2. The period of 14 (fourteen) calendar days starts from the moment of receipt of the Product purchased on the Site Store or, in the case of multiple goods ordered by the Consumer through a single Order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last of such Products.

For the purposes of assessing whether or not the legal deadline of 14 (fourteen) calendar days for exercising the Consumer’s right to withdraw from the Contract is respected, reference is made to the date of dispatch of the withdrawal declaration, which must be made in accordance with as indicated above.

9.3. In case of withdrawal, exercised in accordance with the above, the Product(s) subject to withdrawal must be returned by the Consumer to the Seller within 14 (fourteen) calendar days from the date of dispatch of the declaration of withdrawal.

The Products must be carefully packaged by the Consumer to avoid any possible damage during transport.

The costs and risks of shipping deriving from and/or connected to the return of the Product(s) following the exercise of the right of withdrawal will be borne by the Consumer.

9.4. The refund of the amount paid by the Customer (including initial shipping costs) for the returned Product(s) will be made by the Seller within 14 (fourteen) calendar days starting from the day in which the same is informed of the Consumer’s decision to withdraw from the Contract according to the methods indicated above.

The Seller may, however, withhold the refund until he has received the Product/s, or the Consumer has demonstrated to the Seller that he has sent back the Product/s.

The Seller will refund the Consumer using the same payment method used by the Customer for the initial transaction, unless otherwise agreed upon.

9.5. </ strong> The right of withdrawal is not recognized if the Products sold have been made according to the specifications provided by the Consumer or clearly adapted to his personal needs.

9.6. The non-consumer customer does not have the right of withdrawal.

10. LEGAL WARRANTY

10.1 In the event of any lack of conformity existing at the time of delivery of the goods, the Consumer can assert the legal guarantee for the Product/s purchased on the Store, in accordance with the provisions of the Code of Consumption.

Pursuant to art. 133 of the Consumer Code, the Seller is responsible towards the Consumer for any lack of conformity of the Product existing at the time of delivery which manifests itself within 2 (two) years from delivery.

Pursuant to art. 133, the action aimed at asserting defects not maliciously concealed by the seller is barred, in any case, within 26 (twenty-six) months from delivery of the goods; the Consumer who is agreed for the execution of the contract will, however, always be able to assert the rights referred to in the art. 135-bis of the Consumer Code.

10.2. Pursuant to articles. 1470 ff. d.c. and in particular the articles. 1492 and 1495 of the Civil Code, in the case of non-consumer customers, the warranty for defects, which covers defects that make the goods unsuitable for the use for which they are intended or that reduce their value, can be asserted within 12 months of delivery of the goods, provided that a suitable notification of the defect is made within 8 days of discovery.

In this case, the non-Consumer Customer can request the termination of the contract or a price reduction in proportion to the defect. In case of termination, the Customer will have to return the goods and the Seller will have to reimburse the buyer for the price paid.

10.3 The Customer has the right to dispute the alleged lack of conformity of the Product purchased only by means of a complaint to be sent to the Seller:

• by e-mail at info@risoli.com
• half p.e.c. at risoli@legal.intred.it
• by registered mail to the address RISOLI’ DI MONTINI S.R.L., Via Ruca, 82, 25065 LUMEZZANE (BS).

10.4. For the purposes of this article, the Product is to be considered free of significant defects of conformity, for the purposes of the conditions for the applicability of the legal guarantee to the specific case, if at the time of delivery it presents the agreed qualities and is compliant to the Sales Contract. This provision also includes Products purchased in the “Factory Outlet” section that present slight manufacturing defects that the Customer accepted in exchange for the strong price discounts.

In the case of a Consumer, in accordance with the provisions of the art. 129 of the Consumer Code regarding “Conformity of goods with the contract”, the purchased Product is deemed to comply with the Sales Contract if:

a) corresponds to the contractual description, type, quantity and quality and possesses the functionality, compatibility, interoperability and other characteristics as provided for in the sales contract;
b) is suitable for any particular use desired by the Consumer, which has been brought to the attention of the Seller by the latter at the latest at the time of conclusion of the sales contract and which the Seller has accepted.

Furthermore, the product must:
a) be suitable for the purposes for which goods of the same type are normally used, possibly taking into account other provisions of national law and Union law, technical standards and industry codes of conduct applicable to the specific sector ;
b) possess the quality and correspond to the description of a sample or model that the Seller may have made available to the Consumer before the conclusion of the contract;
c) be delivered together with accessories, including packaging or other instructions, which the Consumer can reasonably expect to receive;
d) be of the quantity and possess the qualities and other characteristics, also in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that the consumer can reasonably expect, taking into account the nature of the good and the declarations public information made by or on behalf of the seller, or by other persons in the context of previous steps in the chain of commercial transactions, including the manufacturer, in particular in advertising or labeling.

11. EXPRESS TERMINATION CLAUSE

11.1. The Seller may terminate this Contract by right, without notice, by means of a declaration, communicated in writing to the Customer, of its intention to make use of this clause, upon the occurrence of at least one of the following events, pursuant to and for the purposes of of the art. 1456 Civil Code:

a – the lack and/or absence of availability of the Product/s for reasons not attributable to the Seller;

b – in case of bankruptcy, or access to insolvency proceedings of suppliers of parts and/or materials of the Product(s) purchased by the Customer, or in case of bankruptcy or access to insolvency proceedings of companies that carry out certain processes on the Same Product(s);

c – failure to pay, partially or totally, the amount due by the Customer according to the times and methods provided for in this Contract and/or any anomaly and/or irregularity in the payment. On this point it is specified that:

12. PARTIAL VOID OF THESE CONDITIONS OF SALE

12.1. Any modification to this Agreement will not be valid unless made in writing and approved by the Seller.

12.2. If one of the provisions of these Conditions of Sale is deemed illicit and/or void and/or, for any reason, inapplicable, such nullity/invalidity/ineffectiveness/inapplicability is to be considered partial and incidental only on the defective provision which will be automatically replaced by legitimate provisions; it will not, in any case, have any effect on the validity, effectiveness or applicability of the remaining provisions.

13. CONTACTS

The Seller can be contacted at the following addresses:

• via e-mail info@risoli.com
• half p.e.c. risoli@legal.intred.it
• by registered mail to the address:

RISOLÌ DI MONTINI S.R.L.

Via Ruca, 82 25065 LUMEZZANE (BS)

14. APPLICABLE LAW and JURISDICTION

14.1. The Contract is subject to Italian law.

14.2. For any dispute concerning the validity, effectiveness and execution of the Contract, the competent court will be:

– in the case of a Consumer, the Consumer’s residence or domicile, if located in Italian territory. If the Consumer does not have residence or domicile in Italy, the exclusively competent court will be that of Brescia;

– in the case of a non-consumer customer, the exclusively competent court will be that of Brescia.

 

Last updated April 28, 2023