Terms and conditions
The products purchased on www.belvederesalina.com are sold by CINCOTTA RESORT SAS, which operates in the sector of processing and preserving fruit and vegetables, with registered office in Via SANTA LUCIA 8, 98050 LENI (ME).
CINCOTTA RESORT SAS has its own storage depot. Once the sale has been made, the order is packed at the warehouse and sent to the end user by the appointed forwarding agent.
These General Terms and Conditions of Sale govern the offer and sale of products.
Only persons aged 18 years or over may purchase products on the site.
Before purchasing, the Customer must carefully read these General Terms and Conditions of Sale, as well as all other information indicated on the site.
The applicable General Terms and Conditions of Sale are those in force on the date of transmission of the purchase order. They may be amended at any time. Any changes will in any case be communicated by means of an appropriate notice to all registered users, and will come into force from the moment of their publication on the site.
Art. 1 - Product information
The goods offered for sale through the website www.belvederesalina.com are all directly produced in Leni on the island of Salina by CINCOTTA RESORT SAS.
Each product is accompanied by a brief description of its main characteristics. CINCOTTA RESORT SAS, reserves the right to modify the descriptions without prior notice.
As manufacturer, CINCOTTA RESORT SAS is responsible for food information and ensures:
• the presence and accuracy of food information, in accordance with applicable food information law and the requirements of relevant national provisions;
• the compliance of the products with all applicable laws, regulations and standards with respect to production, quality, composition, packaging and labelling (including, but not limited to, all health laws and regulations) in force in the Italian territory.
CINCOTTA RESORT SAS also ensures:
• that it owns all relevant intellectual property rights, including but not limited to any patents, know-how, descriptions and technical claims, necessary for the production of the Products (Intellectual Property Rights).
• that all products, if stored properly, will remain substantially unchanged and marketable for the period indicated on each individual product.
Art. 2 – Availability of goods
CINCOTTA RESORT SAS builds its commercial offer on the basis of the availability of goods. The site is constantly updated in order to guarantee the maximum correspondence between the availability of goods and those indicated on the site.
Within the description of each product there will be a special section containing information about availability. Most of the products sold by CINCOTTA RESORT respect the principle of seasonality, therefore some products may not be available at the time of your order, but available at a later date.
Furthermore, due to simultaneous purchases on the website, it is possible that the Product, even if available, is not immediately available after the transmission of the order and therefore it is necessary to wait for the restocking. In this case, the Customer will be immediately informed by e-mail and may request to cancel or modify the order at any time, before the Product is shipped, by clicking on the "cancel" button contained in that e-mail. As an alternative to the cancellation of the order, in case of unavailability of a product, CINCOTTA RESORT SAS may replace the missing product, with another of equal economic value and type, after notifying the customer by email. If the customer has already paid for the product and opts for the termination of the contract, CINCOTTA RESORT SAS will promptly refund the total amount paid for the product (see next paragraph: Methods of Payment) including delivery costs and any other costs incurred, in relation to the order itself.
Art. 3 – Prices
All prices published on the Website are in Euros and include VAT. Delivery costs, which may vary according to the delivery method chosen and/or in relation to the payment method used, the geographical area and the weight of the order, will be specifically indicated (in Euros and inclusive of VAT) in the order summary and in the order confirmation e-mail.
CINCOTTA RESORT SAS reserves the right to change the price of the Products at any time. It is understood that the price of the product that will be charged to the Client will be the price indicated on the website at the time of the order and that any variations (upwards or downwards) following the transmission of the order will not be taken into account.
Art. 4 – Purchasing methods
Products can be purchased on the site with or without registration.
Registration gives you access to a reserved area where you can consult:
• the status of your order
• check the "history" of orders placed;
• manage their delivery addresses and speed up the entry of new orders;
• faster access to after-sales service;
In addition, it is always possible to access your personal area:
• manage your personal profile information (change your password to access the reserved area)
• change shipping or billing address details and/or add new shipping addresses;
The languages available to customers for the conclusion of the contract are Italian and English.
In order to purchase products on the website, the Client must complete an electronic order form that is transmitted to CINCOTTA RESORT SAS, electronically, following the instructions that will appear on the website from time to time.
By sending the order proposal to CINCOTTA RESORT SAS, the customer declares that he/she has previously read and fully understood all the clauses indicated in this contract and gives his/her consent to the processing of his/her personal data in accordance with Legislative Decree 196/2003, by checking the appropriate box on the purchase page.
Before transmitting the order form, the Customer may identify and correct any errors in data entry by following the instructions indicated on the site from time to time and which will accompany the various stages of the purchase and accept the General Conditions of Sale.
Once the order form has been registered, CINCOTTA RESORT SAS will send the Customer an e-mail order confirmation at the e-mail address indicated, containing: information on the essential characteristics of the product purchased, a detailed indication of the price, the means of payment used, the delivery costs and any additional costs, as well as links to the General Conditions of Sale and information on the right of withdrawal.
The customer undertakes to check the accuracy of the information and to promptly report any corrections via the customer service on the site or at the following email address: info@belvederesalina.com
Upon receipt of the Order Confirmation e-mail, the contract is concluded.
CINCOTTA RESORT SAS reserves the right to refuse orders that come from:
• by a client with whom it has an ongoing legal dispute;
• by a Customer who has previously breached the conditions and/or terms of the purchase contract with CINCOTTA RESORT SAS;
• da un Cliente che sia stato coinvolto in frodi di qualsiasi tipo e, in particolare, in frodi relative a pagamenti con carta di credito.
CINCOTTA RESORT SAS also reserves the right to refuse orders from customers who have provided false, incomplete or otherwise inaccurate identification data.
Art. 5 – Purchase order
Once the sale is concluded in the manner specified above, CINCOTTA RESORT SAS will package the products ordered and ship the product directly to the end-user by the freight forwarder in charge.
The order form will be stored in the database of CINCOTTA RESORT SAS for the time strictly necessary for the execution of the same and, in any case, within the terms of the law.
The customer who has made the purchase with registration can access their Order Summary and check the status through the Order History section of the Site. The Customer who made the purchase without registering can consult the Order Confirmation e-mail or request a copy of the order from Customer Service. It is possible to make reports and/or request information, via the following e-mail address: info@belvederesalina.com or via telephone contact.
Art. 6 – Payment methods and shipping costs
Payment for products purchased on the site can be made using the methods described in the section on the site entitled Payment methods. The Customer is required to read this section before proceeding with the purchase order.
The products for which the order has been accepted will be shipped to the address indicated by the purchaser within 15 working days of payment.
Delivery shall be made by the courier service at the shipping cost indicated on the screen when completing the order, calculated according to the weight, volume and destination of the goods.
The cost of shipping is borne by the purchaser, according to the rates and costs indicated.
In order to amortize the shipping costs, it is advisable to purchase several goods.
CINCOTTA RESORT SAS takes all precautions to avoid damage to the goods, choosing compliant, patented and quality packaging and cannot be held responsible for any damage suffered by the products during transport.
For the rest, please refer to the more detailed information contained in the special section on shipping methods, which are intended as recalled and transcribed below.
Art. 7 – Right of withdrawal
The Customer who is a consumer has the right to withdraw from the contract for the purchase of the product without any penalty and without specifying the reason, within 14 (fourteen) working days from receipt of the goods, unless otherwise indicated by the supplier relating to the state and manner of conservation of the product and its category.
The provisions of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") shall apply.
Consumer" means "the natural person who is acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out".
Art. 8 – How to exercise the right of withdrawal (read carefully)
The consumer purchaser must express his or her wish to withdraw from the contract by sending written notice, within 14 (fourteen) working days of receipt of the goods, to the following e-mail address info@belvederesalina.com , provided that it is confirmed by registered letter with acknowledgement of receipt within the following 48 (forty-eight) hours.
In the written communication, the Customer must, for each product for which he intends to exercise the return, clearly indicate his intention to withdraw from the purchase.
The registered letter shall be deemed to have been sent in good time if it is delivered to the accepting post office within 14 days of receipt of the goods.
The customer must also, within 14 (fourteen) days of receipt of the goods, return the product to the address of the CINCOTTA RESORT SAS warehouse. The product is deemed to be returned when it is handed over to the accepting post office or forwarding agent.
The substantial integrity of the goods is an essential condition for the exercise of the right of withdrawal.
Moreover, the withdrawal applies to the product in its entirety. It cannot be exercised in relation to parts and/or accessories of the product.
In the case of non-perishable food products, the packaging must be absolutely intact, i.e. it must not have been opened or have been tampered with, and the products must have been stored according to the instructions on the product packaging.
In the case of perishable products and/or products with an expiry date of less than 60 days, the right of withdrawal is excluded (see art. 9 below and art. 59 of the Consumer Code).
The return takes place under the full responsibility of the Customer until the certificate of receipt of the Product by CINCOTTA RESORT SAS. The Customer is liable for any damage that the Product may suffer during transport. CINCOTTA RESORT SAS shall not be liable in any way for any damage, theft or loss that may occur during the return transport of goods returned by the Customer.
In order to limit damage to the original packaging, we recommend that the goods be placed in a second box; the affixing of labels or adhesive tape directly onto the original product packaging should be avoided in all cases.
The costs of returning the Product shall be borne by the Customer.
After receipt of the product and only after verifying compliance with the terms and conditions for the exercise of the right of withdrawal and the integrity of the returned product, CINCOTTA RESORT SAS will proceed free of charge to refund the price paid (excluding shipping costs that remain charged to the customer) as soon as possible and in any event no later than thirty days from the date on which CINCOTTA RESORT SAS became aware of the exercise of the right of withdrawal.
The refund will be made through the transfer of the transaction (if payment is made by the customer with credit card or PayPal) or by bank transfer (if payment is made by the customer with bank transfer in advance). In the latter case, it will be the responsibility of the customer to provide promptly in writing (eg in the same notice of withdrawal), the bank details on which to obtain the refund (IBAN and name of the account holder) to allow CINCOTTA RESORT SAS to make the refund.
If, on the other hand, the withdrawal has not been exercised in accordance with the above-mentioned conditions and the provisions of art. 64 et seq. of the Consumer Code, or if the Product is not intact, it will not result in the termination of the contract and, consequently, will not entitle the customer to a refund of the amount paid for the Product. The Product shall remain at the warehouse of CINCOTTA RESORT SAS and shall be made available to the customer for collection at his expense and under his responsibility.
Similarly, if the Product is damaged during transport, since the condition of the integrity of the Product does not exist, the request for withdrawal will be refused. CINCOTTA RESORT SAS will notify the Customer of the incident within 5 working days of receipt of the Product, to enable him to exercise his rights under the transport contract. The Product will remain at the warehouse of CINCOTTA RESORT SAS and will be made available to the Customer for collection at his expense.
Art. 9 – Exclusion of the right of withdrawal
The right of withdrawal does not apply in the cases referred to in Article 55 of Legislative Decree 06.09.2005 no. 206 (Consumer Code) to which reference is made. In particular, it does not apply:
• in the case of the supply of goods made to measure or clearly customised at the express request of the customer, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly (e.g. fresh and perishable foodstuffs such as meat, fish, frozen food, fruit, vegetables, dairy products and cheese, cold cuts, delicatessen products).
• contracts for the supply of foodstuffs, beverages or other household goods for current consumption supplied to the consumer's home, place of residence or workplace by distributors making frequent and regular rounds.
The right of withdrawal is therefore excluded for all perishable food products.
For the purposes of the law, perishable products are meant:
1. Pre-packaged agricultural, fish and food products bearing an expiry date or a minimum durability date not exceeding 60 days;
2. bulk agricultural, fish and food products, including herbs and aromatic plants, whether or not wrapped or chilled, which have not undergone any treatment that prolongs their shelf life for more than 60 days;
3. meat products with either of the following physical or chemical characteristics: - aW greater than 0,95 and pH greater than 5,2; - aW greater than 0,91; - pH equal to or greater than 4,5;
4. all types of milk.
Since the right of withdrawal is reserved exclusively for Customers who are "consumers", it cannot be exercised by legal persons and natural persons acting for purposes relating to their professional activity.
Art. 10 – Legal guarantee of conformity
CINCOTTA RESORT SAS guarantees that the Products delivered are the same as those indicated on the Website and is liable to the consumer for any lack of conformity existing at the time of delivery of the goods.
In particular, all products sold on the Website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Legislative Decree no. 206/2005 ("Consumer Code").
In the event of a lack of conformity, the consumer has the right to have the conformity of the goods restored, free of charge, by repair or replacement, pursuant to art. 30 of Legislative Decree no. 206/2005 ("Consumer Code").
10.1 When the lack of conformity applies
CINCOTTA RESORT SAS is liable to the consumer when the lack of conformity becomes apparent within two years of delivery of the goods (except for those goods which by their nature last less than this period). The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. Unless there is proof to the contrary, any lack of conformity which becomes apparent within six months of delivery of the products shall be presumed to have existed on that date, unless such a presumption is incompatible with the nature of the product or the nature of the lack of conformity. As from the seventh month following delivery of the product, the burden of proving that the lack of conformity already existed at the time of delivery shall be on the consumer.
In order to benefit from the Legal Warranty, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the customer, for the purposes of such proof, to keep the purchase invoice, which CINCOTTA RESORT SAS sends him by e-mail in PDF format as well as the delivery note or any other document that may attest to the date of the purchase (for example the credit card statement or bank statement).
10.2 What is lack of conformity
A lack of conformity exists when the purchased goods:
• is not suitable for the use for which goods of the same type are normally used;
• does not conform to the description made by the seller and does not possess the qualities of the goods which the seller has presented to the consumer as a sample or model;
• does not present the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, taking into account also statements made in advertising or labelling;
• is not fit for the particular purpose intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted.
Therefore, any failures or malfunctions caused by accidental events or by the Customer's responsibility, or by use of the product that does not comply with its intended use and/or with the technical documentation attached to the product are excluded from the scope of application of the Legal Warranty.
10.3 Remedies available
In the event of a conformity defect duly reported within the terms, the Customer shall be entitled:
• in the first place, to the repair or replacement of the goods free of charge, at its option, unless the remedy sought is objectively impossible or excessively expensive compared with the other;
• as a secondary remedy (i.e. where repair or replacement is impossible or excessively expensive or repair or replacement has not been effected within a reasonable time or repair or replacement has caused significant inconvenience to the consumer) to reduce the price or to rescind the contract, at the consumer's option.
The remedy sought is unduly onerous if it imposes unreasonable costs on the seller in comparison with alternative remedies available, taking into account:
• the value that the goods would have if there were no lack of conformity;
• the extent of the lack of conformity;
• whether the alternative remedy can be pursued without significant inconvenience to the consumer.
10.4 What to do in the event of a lack of conformity
In the event that a product purchased on the site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the Customer must send CINCOTTA RESORT SAS a specific communication to the following email address: info@belvederesalina.com.
The written communication can also be sent by registered letter with acknowledgement of receipt to the following address: CINCOTTA RESORT SAS, Via Santa Lucia 8 - 98050 Leni (ME) and must contain a precise and punctual description of the defects found, being on the other hand insufficient the mere return of the non-conforming goods accompanied by a verbal report of the non-conformity of the goods.
CINCOTTA RESORT SAS reserves the right to ask the customer to attach the purchase invoice and/or the delivery note or other document proving the date of purchase. The Customer Service will respond promptly to the customer's communication, indicating the next steps he must take. It is therefore advisable to keep this documentation.
Art. 11 – Liability for defective products
Producers of goods are liable for any damage caused by defects in their products.
Pursuant to the law, "producers" means: the manufacturers of the finished product or of one of its components, the producers of the raw material, as well as, for agricultural products of the soil and for those of breeding, fishing and hunting, the farmer, the breeder, the fisherman and the hunter respectively.
For further information, please refer to the provisions of Part IV, Title II, of Legislative Decree 06.09.2005 no. 206 (art.114 et seq.).
Art. 12 – Purchase of products for professional or entrepreneurial activity
For Customers who purchase products offered for sale on the site for purposes related to their professional activity (purchases for business or professional activity - sales with invoice and VAT number):
◦ the right of withdrawal is excluded;
◦ the legal warranty does not apply, only the "Commercial" warranty of twelve months, unless otherwise guaranteed by the manufacturers;
◦ the regulations relating to distance contracts, as set out in Articles 50 et seq. of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), shall not apply;
◦ prior registration on the website is required.
CINCOTTA RESORT SAS reserves the right to refuse orders from professionals who have not properly registered.
In the case of purchase of agricultural products and foodstuffs by the same persons, the completion of the order form in electronic format and its transmission electronically to CINCOTTA RESORT SAS - together with the transport or delivery documents, and with the invoices duly issued - fulfill the obligations under Article 62, paragraph 1, of Decree Law 24 January 2012 No. 1, converted with amendments by Law 24 March 2012, No. 27. The invoice that will be issued within the terms of the law to "professionals" will bear the following wording: "Assolve gli obblighi di cui all'articolo 62, comma 1, del decreto legge 24 gennaio 2012, n. 1, convertito, con modificazioni, dalla legge 24 marzo 2012, n. 27".
Art. 13 Pivacy
The personal data requested when placing the order are collected and processed in order to meet the expressed requirements of the customer and will not under any circumstances and for any reason be transferred to third parties except for the purpose of executing the contract. CINCOTTA RESORT SAS guarantees to its customers the respect of the legislation on the processing of personal data, governed by the privacy code in Legislative Decree no. 196 of 30.06.2003 and subsequent amendments (the buyer is required to read more information contained in the appropriate section "Privacy & Security").
Personal data are processed by automated tools for the time strictly necessary to achieve the purposes for which they were collected, and are stored through procedures that make them unintelligible to anyone not authorized to access them.
In accordance with the law, if a violation of personal data occurs and this may prejudice the confidentiality of a contracting party or of other persons to whom the violated data refer, in addition to notifying the Privacy Guarantor, the violation will also be communicated to the persons concerned, no later than three days after becoming aware of it.
The company CINCOTTA RESORT SAS has been appointed as data processor pursuant to article 29 of the Personal Data Protection Code, as it is in charge of the maintenance of the technological part of the website.
The data controllers are:
- CINCOTTA RESORT SAS with registered office in Via Santa Lucia 8 - 98050 Leni (ME), P.IVA 03080680832; all instances and requests relating to the processing of personal data may be sent by email info@belfvederesalina.com.
Art. 14 – Reclaim
Any complaints should be addressed to CINCOTTA RESORT SAS at the following e-mail address: info@belvederesalina.com
Art. 15 – Competent court
The Contract is governed by Italian law. Any dispute relating to the application, execution, interpretation and breach of the Contract shall be the competence of the Court in which the "consumer" purchaser has his residence or domicile, if located in the territory of the Italian State, or of the Court of Messina, if the purchaser is not a consumer or has his residence or domicile abroad.
Art. 16 – Legislation
For all matters not expressly provided for by the following provisions, where the Customer is a consumer, please refer to the regulations on distance contracts, as set out in Article 50 et seq. of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), and Legislative Decree no. 70 of 9 April 2003.