TERMS AND CONDITIONS OF SALE GENERAL TERMS AND CONDITIONS FOR ONLINE SALES (DISTANCE CONTRACTS) Esveal is a company of SoleLuna

1. Definitions and subject matter of the contract
1.1 This contract governs distance selling pursuant to art. 50 and following of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") of food products belonging to its assortment, which can be viewed on the website www.esveal.it for deliveries to be made exclusively in Italy.
1.2 Owner of the website is the Sole Luna di Bonati Damiano, via Contrada Ceola 19, 37011 Bardolino (VR) , Tel 347 5303133, p.iva 03918140231. Registered in the Companies Register at C.C.I.A.A. of Verona - R.E.A. 376940
1.3 The buyer accepts all the contractual conditions set out below.
1.4 Sole Luna di Bonati Damiano reserves the right to modify the General Conditions at any time without prior notice. However, the changes will have no value with regard to purchase orders that have been sent before the publication of the changes on the Site.
1.5 For any questions regarding the General Conditions of Contract, for any complaint, communication of withdrawal, cancellation of order, return, refund and request regarding the processing of personal data please contact: Damiano Bonati via Contrada Ceola 19, 37011 Bardolino (VR) , Tel 347 5303133 - p.iva 03918140231.

2. Contract finalization
2.1 All contracts are concluded with the Client's access to the Site, using remote communication technology over the Internet..
2.2 All purchase orders sent to Sole Luna di Bonati Damiano must be exactly completed in all their parts and must contain the elements necessary for the exact identification of the ordered Products, the Customer, his e-mail address and the place of delivery of the Products.
2.3 The purchase order transmitted has the value of the Customer's contractual proposal manifested online.
2.4 The order confirmation by Sole Luna di Bonati Damiano sent to the Customer at the e-mail address indicated by the latter, confirms the order data and is valid as acceptance of the contractual proposal.
2.5 The contract is concluded, and is binding for both parties, when the purchase order confirmation is sent to the Customer.
2.6 By placing an order, the customer declares: 1) to be a consumer as provided for in Article 3 of the Consumer Code; 2) to be of legal age; 3) that the data provided by the same for the execution of the Contract are correct and truthful; 4) to have read all the information provided to him during the purchase procedure, and to accept in full the general conditions and payment indicated in the purchase procedure..
2.7 By accepting the General Terms and Conditions of Contract and therefore by issuing the purchase order, the purchaser expresses consent for all communications to be sent and received by e-mail.
2.8 The Customer, once the online purchase procedure has been completed, is obliged to keep these general conditions of sale by printing or saving an electronic copy of this contract.
2.9 In the event of the non-acceptance, even partial, of an order by Sole Luna di Bonati Damiano, any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things.

3. Delivery of products
3.1 Sole Luna di Bonati Damiano will deliver to the Customer the Products ordered by trusted couriers and/or forwarding agents within the term indicated in the e-mail containing the order confirmation and, in any case, within a maximum of thirty days from the date of receipt of the order.
3.2 Delivery is made to the address specified at the time of the order, which may be different from the customer's address.
3.3 The Customer who wishes to change the delivery address of the goods, after the order has been placed, can contact Customer Service by e-mail and request a change: the request will be accepted if the order has not yet been processed.
3.4 The delivery of the goods is understood to be "on the street level" unless otherwise specified, such as:
- different communication when the order is finalized
- any modalities provided for in the product data sheet
- the explicit purchase of delivery to the floor, where applicable
3.5 Upon delivery of the goods by the courier, the Customer is invited and in any case required to check:
a) that the number of packages actually delivered corresponds to the number indicated in the transport document;
b) that the packaging of the packages is intact in all its parts, not damaged or compromised by atmospheric events or otherwise altered.
3.6 Any finding of damage to the packaging and/or the product or the mismatch in the number of packages or indications, must be immediately challenged by placing a written control reservation (specifying the reason for the reservation, e.g. "punctured packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of the delivered goods.
3.7 In case of failure to collect within 5 working days the material in storage at the warehouses of the courier due to repeated impossibility of delivery to the address indicated by the customer at the time of order, the order will be returned to the warehouses of Sole Luna di Bonati Damiano. Agreements will be made for the new delivery and the related additional shipping costs.
3.8 Sole Luna di Bonati Damiano may, at its discretion, decide to make more partial deliveries. In this case, the buyer will not be burdened with any additional cost compared to a single delivery.

4. Prices
4.1 All prices of the Products contained in the on-line catalogue are expressed in Euro. All prices are to be considered inclusive of VAT and do not include delivery costs. The Products are sold at the list prices in force at the time the order is issued.
4.2 Delivery costs may be subject to change: however, such changes will not apply to purchase orders accepted before the changes are published on the Site.
4.3 The buyer undertakes to reimburse Sole Luna di Bonati Damiano for any additional expenses it may have incurred for shipments or handling caused by a failure by the buyer to comply with the agreements made for the date, time and place of delivery.

5. Payment
5.1 Payments can be made by bank transfer, credit cards and prepaid cards (Visa, Mastercard, Postpay, America Express, Aura, PayPal Recharge). Sole Luna di Bonati Damiano uses the transaction service for credit card payments provided by PayPal, adheres to the international PCI-DSS (Payment Card Indutry Data Security Standards) and uses sophisticated technology against computer crimes.

6. Right of withdrawal
6.1 The right of withdrawal can be exercised by sending, within the term indicated in the previous point, a written communication to the registered office of Sole Luna di Bonati Damiano by registered letter with return receipt. The communication may also be sent, within the same term, by e-mail and fax, provided that it is confirmed by registered letter with acknowledgement of receipt within the following forty-eight hours. The registered letter shall be deemed to have been sent in due time having regard to the date of the postmark of the accepting office.
6.2 The substantial integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. The right of withdrawal, therefore, cannot be exercised if the purchaser has not taken adequate measures to ensure that the Product can be returned in the same condition in which it was received (including the original packaging). In any case, the buyer must take all appropriate and possible measures to preserve the Product and do everything possible to ensure that the Product is returned to Sole Luna di Bonati Damiano in perfect condition.
6.3 The purchaser who has exercised the right of withdrawal is required to return the Product within 15 days from the date of delivery to the following address: Soleluna di Bonati Damiano Contrada Ceola 19 37011 Bardolino (VR)
6.4 The costs for the return of the Product will be at the exclusive expense of the purchaser, except in the case of damaged Products (art. 3.6) or if, due to warehouse error, the Products sent are different from those ordered.
6.5 The payments made will be refunded by Sole Luna di Bonati Damiano within fifteen days from the date of return of the goods and without further cost to the buyer.

7. Responsibility of Sole Luna di Bonati Damiano
7.1 Sole Luna di Bonati Damiano will not be held responsible for non-compliance or delays in the execution of the order in the event that such non-compliance or delays are caused by impediments such as work stoppages, union unrest, suspension of transport and any other cause that may integrate an impediment due to force majeure or unforeseeable circumstances.
7.2 Sole Luna di Bonati Damiano assumes no responsibility for the use that the Customer intends to make of the purchased goods. In case of "defective" goods the only charge to Sole Luna di Bonati Damiano will be that of their replacement and in no case will it be held responsible for loss of earnings of the Customer.

8. Privacy
8.1 Sole Luna di Bonati Damiano communicates that the data communicated will be processed for the sole purpose of processing your request to purchase our products, limited to the execution of legal and contractual obligations related to it.
8.2 The provision of data is optional, however, failure to provide such data makes it impossible to complete the transaction.
8.3 The data provided will be processed both on paper and computer, as well as electronically to implement your request, using systems that in any case are designed to protect the confidentiality of your data.
8.4 The data released by you will be kept for the time strictly necessary to consider your request and all those in charge of processing (identified for legal purposes) according to their authorization profile and any managers of the Company may become aware of them.
8.5 Finally, we would like to inform you that art. 7 of Legislative Decree 196/03 confers specific rights on every person interested in the processing of personal data concerning him/her and in particular the right to obtain confirmation of the existence or not of personal data concerning him/her, even if not yet recorded, and their communication in intelligible form.
8.6 The interested party has the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
8.7 You have the right to object, in whole or in part: a) for legitimate reasons to the processing of personal data concerning him/her, even if pertinent to the purpose of collection; b) to the processing of personal data concerning him/her for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
With regard to the procedures for exercising your rights, please refer to the provisions of Articles 8 and 9 of Legislative Decree 196/03.
Owner of the data processing and responsible for the feedback, pursuant to and for the effects of art. 8 of Legislative Decree no. 196/2003, is: Sole Luna di Bonati Damiano Località Ceola 19 37011 Bardolino (VR) Communications may be made, in writing, by sending a request: - by ordinary mail to the above address.

9. Online dispute resolution for consumers
9.1 Online dispute resolution for consumers: consumers living in Europe should be aware 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 non-judicially any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Cardholder is available to answer any questions you may have

10. Applicable law
10.1 These General Conditions are governed by Italian law.
10.2 For any dispute relating to the General Terms and Conditions, the buyer's place of residence shall be the competent court, in the event that the buyer is a consumer. In all other cases, the territorial jurisdiction will be exclusively that of the court of Verona.
10.3 In accordance with Articles 1341 and 1342 of the Italian Civil Code, by filling in the order form the Customer declares to have read carefully and expressly accept the above mentioned General Conditions of Sale.