General terms and conditions for online sales
Identification of the Manufacturer /Seller
The goods included in these General Terms and Conditions are manufactured and sold by “La Tabaccheria by Orlando D’Alessandro” registered in the Chamber of Commerce of Rome, Economic Administrative Index no.: RM1448761, VAT no.: 13352451002 – Tax code: DLSRND79M20H501H, registered office in Rome, Via Frattamaggiore, 22 (ZIP code 00132), Tel: +390687811705 – Fax: +390662209809, E-mail: firstname.lastname@example.org, hereinafter referred to as «Supplier/Seller/Manufacturer».
In compliance with the current regulations, the online purchase procedure cannot be applied to the Inhalation Liquid Products (ready-to-use Liquids) containing Nicotine, which can be purchased only and exclusively in physical and authorized stores.
1.1. The expression “General Terms and Conditions” indicates the General terms and conditions for online sales in the version published on the Site upon the transmission of the purchase order to the Seller.
1.2. The expression “Online Sales Agreement” refers to the sales agreement relating to the movable tangible assets provided by the Supplier, which is stipulated between the latter and the Purchaser within a sales system managed by the Supplier through a remote communication technology referred to as the Internet.
1.3. The term “Manufacturer” or “Supplier” or “Seller” indicates, on an equal basis, the subject defined in the introductory paragraph.
1.4. The term “Buyer” or “Consumer” refers to natural persons over eighteen years of age, who purchase any product, under this agreement, for purposes not related to any business, commercial, craft or professional activity possibly carried out by the same consumers.
1.5. The term “Site” means the www.latabaccheria.net Site which consists of an online information and sales service provided by La Tabaccheria by Orlando D’Alessandro. Its use is subjected to the acceptance of the Terms and conditions of use reported in the appropriate Section.
2.1. The characteristics and the composition of the Products are described and reported on the Site together with specific Product Data Sheets in the Sheets and Certificates section, which the Consumer must carefully consult before completing the purchase procedure.
2.2. The visual representation of the Products on the Site generally corresponds to their photographic image and is intended exclusively for their sale, without any warranty or commitment, either explicit or implicit, by the Seller relating to the true correspondence between the image reported on the Site and the actual Products, especially with reference to their size and/or the colur of their covers and/or packages.
3) Subject of the Agreement
3.1. These General Terms and Conditions deal with the regulation of the purchase of Products through the Site.
3.2. Before purchasing the Products through the Site, you must carefully read these General Terms and Conditions. Upon the placement of any purchase order, the Consumers declare that they have read, understood and fully accepted these General Terms and Conditions.
3.3. Any Consumer who purchases a Product from the Site must print or save a copy of these General Terms and Conditions, in digital format, and duly keep it.
4) Purchase procedure
4.1. Only natural persons over eighteen years of age who have registered on the Site in the dedicated section can purchase the Products.
4.2. To complete the purchase procedure, the Consumer must select the desired Products among those present in the Site and, following the procedures indicated and entering all the data required, transmit the order to the Seller.
4.4. The receipt of the order is confirmed by the Supplier through an E-mail to be sent to the e-mail address indicated by the Purchaser. This confirmation notice shall summarise the data received by the Purchaser relating to the order placed and shall report all the data entered by the same Purchaser, who undertakes to check for their correctness with the possibility of modifying his/her personal, billing and shipping data in the “My Account” section.
The Supplier may accept or not the orders received without this, in case of failure to accept the order (to be notified to the Consumer), entitling the latter to demand anything from the Supplier: by way of example but not limited to, due to the minor age of the Purchaser or, in any case, to the supposed failure of the latter to meet the requirements necessary for the validity of the purchase. In this case, the Supplier reserves the right to ask the Purchaser for additional information and, if the latter fails to submit it and/or if the order is not accepted, any amount of money possibly received shall be returned by bank transfer.
4.5. The selected Products shall be shipped only after the acceptance of the order by the Seller and the completion of the payment procedure; the Purchaser shall be notified of it through a specific E-mail saying that the order is “in process”.
5.1. The sales prices of the products are reported and indicated on the Site, expressed in euros, and the Supplier has the right to modify them at any time, without any prior notice.
5.2. The sales prices, referred to in the previous point, are retail prices inclusive of VAT, other taxes – if any – and the packaging costs.
5.3. To the cost of each order the shipment charges must be added, whose amount may vary depending on the delivery mode, as well as on the Country of destination, except for any outstanding promotion.
5.4. The total amount to be paid for the selected Products shall be clearly indicated and communicated to the Consumer before the conclusion of the purchase procedure and the issue of the automatic invoice, and shall be reported on the order summary page.
5.5. The Consumer acknowledges that the failure to know the costs, charges and taxes referred to in this article – which are indicated upon the transmission of the order to the Seller – shall not entitle the Consumer to the termination of these General Terms and Conditions and the same Consumer shall not be allowed to charge these costs to the Seller.
6) Payment methods
6.1. Every payment by the Purchaser must be made only through bank transfer paid in advance.
6.2. In case of payment through credit card or MyBank, upon the conclusion of the online transaction, the reference Banking Institute shall authorise the transaction.
– Payment via the “Monetaonline” online platform, by Gruppo Intesa San Paolo/NEXI with Credit card and/or MyBank, made through Credit card or own Home Banking account:
The list of accepted credit cards is indicated on the website www.latabaccheria.net at the moment of the choice of payment method.
The banks supporting the MyBank system are all listed on the website Monetaonline, opened upon choosing the MyBank payment method.
The MyBank Payment represents an irrevocable payment disposition towards our website, in the same way as a credit card payment, thus the shipping of the order happens under the terms and conditions established by the regulations on the website www.latabaccheria.net for a payment received immediately, equivalently to an immediate bank transfer.
During the purchase process, the Supplier will never, at any time, be in possess of any data relating to the Purchaser’s credit card and/or any data related to the access to any HomeBanking account, since these are entered directly and entirely on the Monetaonline platform which is the only one to manage the transaction.
No computerised data filing system of the Supplier contains or stores this type of data, and therefore the Supplier shall never be held liable for any fraudulent use and/or misuse of the Purchaser’s credit cards by any third party, provided upon the payment of the Products by the same Purchaser.
The Supplier reserves the right to ask the Purchaser for additional information (for example, the landline telephone number) or for the transmission of a copy of the documents attesting to the identity indicated upon the registration on the Site. In case of failure to provide the data or the material requested, the Seller reserves the right to reject the order.
If, for any reason, the payment procedure cannot be successfully completed, the sales shall be automatically interrupted and the sales agreement shall be automatically terminated, without any amount being charged to the Consumer and without this entitling the latter to allocate any responsibility to the Seller.
– Payment by bank transfer paid in advance:
In case of payment by bank transfer paid in advance, the order shall be pending until the Purchaser sends a copy of the payment made via fax or E-mail. The Products selected shall be shipped only upon the receipt of the sum on the Bank account of the Seller.
The failure to credit the agreed amount within the terms normally provided for national and international banking transactions shall lead to the cancellation of the order.
The payment description must bear the order number reported in the order confirmation E-mail.
The banking details for the bank transfer are:
IBAN : IT36B0306903395100000009518
BIC SWIFT code: BCITITMMXXX
7) Shipment and delivery
7.1. The shipments shall be carried out by the Supplier from Monday to Friday, excluding non-working days, usually on the day of the order for all the orders received and paid within 1.00 pm – or on the day following the order for all the orders received and paid after 1.00 pm.
7.2. All the national and international shipments shall be carried out by the DHL EXPRESS courier.
7.3. If the Consumer does not indicate any shipment address, the system shall consider the billing address – which must be mandatorily reported by the Purchaser – as the shipment one. If the Consumer designates any third party as the recipient of the delivery, this third party must necessarily be over 18 years of age as well.
7.4. The national and international shipment options and the relating charges shall be automatically reported based on the shipment address entered by the Purchaser as well as on the weight of the package to be shipped (which is calculated according to the weight of each purchased product.) The details of each type of shipment, which are listed before the closure of the Online Sales Agreement, can be consulted also on the DHL website. The shipment costs include the packing and postal charges. Please remember that the parcels weighing over 3 kg and the shipments to underserviced or remote areas and small islands shall have a higher cost. The Shipment Charge shall be clearly reported in the (Shipment) section before the payment, both for national and for international destinations and, therefore, deemed accepted by the Consumer. To each order, even if carried out by the same Consumer, the shipment cost, if any, shall be applied.
7.5. Only for deliveries within the Italian territory, for orders equal to or higher than € 49.00, the shipment shall be FREE; the Supplier reserves the right to change this promotion at any time and without any prior notice.
7.6. Deliveries throughout Italy (DHL DOMESTIC EXPRESS) or outside the national territory (DHL EXPRESS WORLDWIDE) are usually carried out within two working days after the collection of the products or on the first available working day. If the Purchaser or a person delegated by the latter are not present at home upon the delivery, 2 further delivery attempts shall be made after the failure of the first one. Then the package shall be stored at the DHL warehouses and the customer shall have to contact DHL, using the DHL customer service numbers, and provide the waybill number received via E-mail.
7.7. If the Supplier cannot carry out the shipment within the above-mentioned term, due to the momentary unavailability of the product in the amount required, the same Supplier shall promptly notify the Consumer via E-mail.
7.8. The Supplier shall not be held liable for the failure to fulfil the order within the time indicated in the sales agreement due to disruptions to normal service caused by fortuitous events and force majeure.
7.9. The Supplier declares that the packages have a reasonable size suitable for the nature of the product and that the same products are properly protected, with a special attention paid to the items, however the same Supplier shall not be held liable for any damage possibly incurred by the Products once handed to the Courier.
8) Right of withdrawal, restitution, reimbursement
8.1. The Consumer has the faculty to withdraw from the agreement stipulated with the Seller, without specifying the reasons, within 14 (fourteen) days from the day on which the Consumer, or any third party over 18 years of age possibly designated by the Consumer other from the Courier, acquires the physical ownership of the Products purchased.
8.2. If the Consumer wants to avail himself/herself of the right of withdrawal, within the above-mentioned 14 days, he/she must notify the Seller by registered letter with return receipt to be sent to the address of the latter, i.e. Via Frattamaggiore, 22/A – 00132 Rome, Italy, or via fax at the number +39 0662209809 or via e-mail to: email@example.com, provided that these notices are confirmed in any case by registered letter with return receipt to be sent the above-mentioned address within the following 48 (forty-eight) hours.
To this end, the postmark affixed by the post office on the receipt issued shall be considered by the parties.
For the purposes described above, the Consumer may use, at his/her own discretion but without any obligation, the standard withdrawal form reported at the end of these General Terms and Conditions, in compliance with Art. 49, par. 1, letter h) of the Consumer Code.
Furthermore, for the purpose of the valid exercise of the right of withdrawal, the sending of the above-mentioned notification may be replaced by the return of the goods purchased, albeit in the same terms. In this case, too, the delivery date to the post office or to the Courier shall be considered by the parties.
8.3. Without undue delay and anyway within 14 (fourteen) days from the communication to the Seller of the decision to withdraw from the contract, the Consumer shall – at his/her own expenses and through a Courier chosen by him/her – return the Products to the Seller’s premises.
8.4. It is understood that the cost of the return shall be incurred exclusively by the Consumer and therefore no shipments charged to the Seller shall be accepted.
8.5. The Consumer may avail himself/herself of the above-mentioned right of withdrawal only for those Products which are returned intact, and, in any case, in the same state in which they were delivered to the Consumer, with the identification tag and/or the labels, if any, still attached to the Products upon their return. The seals of the caps must be intact.
The Products must not have been tampered with, damaged or modified. Furthermore, the returned Products must be provided with the original packaging still intact and be deprived of any sign of wear, thus being suitable for resale.
8.6. In any case, the Consumer may be held liable for the decreased value of the Products as a result of their improper handling for purposes other than the identification of their nature, characteristics and operation, as well as for the absence of the original packaging or of integral elements.
8.7. The return shipments must be necessarily accompanied by the timely communication of all the data necessary for the reimbursement, including the order number, a copy of the Invoice and the specification of the reasons underlying the return.
8.8. In case of exercise of the right of withdrawal, the Seller – upon the delivery of the Products – shall check for the integrity and completeness of each component, with the original packaging completely intact and without any damage; then, the Seller shall arrange for the free reimbursement of the full amount paid by Purchaser, excluding the return direct costs, within 14 (fourteen) days from the receipt of the withdrawal notice, except for the right to delay such reimbursement until the Seller has received the returned Products.
The reimbursement shall be made by bank transfer on the current account of the Purchaser and shall be confirmed by the latter.
8.9. In compliance with the applicable law, the Consumer may opt even for a partial withdrawal from an order, by specifying, in the relating communication to be sent to the Seller, the number and the type of the Products for which the Consumer wants to exercise the right of withdrawal. In this case, upon the partial return of the Products to be carried out within the time, in the manner and after the checks referred to in this article, the Seller shall reimburse the amount due to the Consumer only with reference to the Products returned by the Consumer, and the transport charges shall not be refunded.
8.10. Upon the receipt of the communication sent by the Purchaser willing to exercise the right of withdrawal, the parties of this agreement are released from the mutual obligations, except for the compliance with provisions of the previous points of this article.
8.11. The exceptions and exclusions referred to in art. 59 of the Consumer Code, if any, shall remain valid.
9) Legal warranty
To the products purchased by the Consumer the legal provisions on the warranties for the sale of consumer goods shall be applied.
10) Obligation of the purchaser
10.1. The Purchaser undertakes to pay the price of the Products purchased within the time and in the ways specified in the Agreement.
10.2. The Purchaser agrees, once the online purchase procedure has been completed, to print and store these general terms and conditions for online sales as well as the specifications of the purchased Product (art. 3 and 4 of Legislative Decree no. 185/1999.)
10.3. The Purchaser undertakes to provide the Seller with his/her real and true data both during the registration procedure necessary to start the execution of this agreement and on the occasion of any following communication.
The Supplier reserves the right to legally prosecute any violation or abuse of which he/she may be aware, in his/her interest and for the protection of the consumers.
10.4. The Purchaser holds the Seller harmless from any liability arising from the issue of wrong tax documents due to errors in relation to the data provided by the same Purchaser, since the latter is the sole responsible for the correct entry.
10.5. By placing an order through the Site, the Purchaser authorizes the Seller to send subsequent communications by telephone, via fax, SMS and E-mail, for the purpose of the conclusion and/or execution of the Agreement.
10.6. The information contained in this agreement has been already read and accepted by the Purchaser, who acknowledges it, since this procedure is mandatory before the confirmation of the purchase.
11.1. The Supplier shall not be held liable for disruptions to normal service due to force majeure which prevent the same Supplier from processing the order within the time established in the agreement.
11.2. The Supplier shall not be held liable towards the Purchaser, except for cases of fraud or negligence, for disruptions to normal service relating to the use of the Internet beyond the control of the same Supplier or of the sub-suppliers.
11.3. The Supplier shall not be liable for any damage, loss and cost incurred by the Purchaser as a result of the failure of the former to execute the agreement for reasons not attributable to him/her, since the Purchaser is entitled only to the reimbursement of the total price paid as well as of any additional charge.
11.4. The Supplier shall not be liable for any fraudulent or illegal use by any third party, for the credit cards or the data provided upon the payment of the products purchased, provided that the Supplier proves that he/she has undertaken all the possible measures based on the best knowledge and practises currently available as well as on the rules of ordinary diligence.
12) Protection of confidentiality and treatment of the Purchaser’s data
The Supplier protects the privacy of their customers and grants that the treatment of their data complies with the provisions of the regulation on privacy referred to in Legislative Decree no. 196 of 30 June 2003 and subsequent amendments.
13) Jurisdiction and applicable law
This Agreement is deemed stipulated in Italy and is governed by the Italian law. To the matters not expressly regulated, the laws relating to the relations and those mentioned in this agreement, in particular the Consumer Code, shall be applied.
For the settlement of disputes relating to the interpretation, execution or termination of these General Terms and Conditions or to single purchase orders, the Court of the municipality of residence or domicile of the Consumer shall be competent.
Standard withdrawal form
(pursuant to art. 49 and 54 Consumer Code)
To the attention of _____________________
I the undersigned__________________________ born in ______________ on ________, tax code ________________ residing/domiciled/in_____________________________________ hereby notify the withdrawal from the sales agreement for the following products __________________________________________________________________________________________ ordered on____________ through the Site _______________ and received on____________, order no.________________ and invoice no.________________.
In compliance with art. 56, paragraph 1 of the Consumer Code, I hereby ask you to pay me a sum equal to € ________ within 14 days of receipt of this request by bank transfer on my current account with the following IBAN code ________________________________________.
I also declare that, without undue delay and in any case within 14 days from the transmission of this form, I shall return the above-mentioned products to your address at my expenses.
Date and signature