These Sale Conditions do not affect your recognized rights pursuant to the applicable mandatory provisions of the law and in particular pursuant to Legislative Decree no. 206/2006 ("Consumer Code") and Legislative Decree no. 70/2003 ("Electronic Commerce Code").
Identification of the Supplier
The goods covered by these general conditions are offered for sale by:
Funghi Energia & Salute S.r.l.with head office in Provaglio d'Iseo (BS), Via Torcoli, n° 19, Italy registered with Brescia Chamber of Commerce n. BS - 506351 of the Register of Companies,
Tax Code: 03100710981,
VAT number: 03100710981
hereinafter referred to as the "Supplier"
Funghi Energia & Salute S.r.l. adheres to the ethical code of the Italian Association of Electronic Commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel.
1.1. The term "online sales contract" refers to a contract of purchase and sale regarding tangible movable goods belonging to the Supplier, which is entered into by this party and the Purchaser in a distance selling environment, using telematic means, managed by the Supplier.
1.2. The term "Purchaser" refers to the consumer as a natural person who performs the purchase to which this contract relates, for purposes unrelated to any commercial or professional activities in which they may be involved.
1.3. The term "Supplier" means the party indicated in the epigraph that is the person providing the information services.
Object of the contract
2.1. By means of this contract, the Supplier sells and the Purchaser acquires, respectively, remotely via telematic means, the tangible movable goods indicated and offered for sale on the website www.funghienergiaesalute.it
2.2. The products referred to at 2.1 are shown on the website www.funghienergiaesalute.it.
3.1. The contract between the Supplier and the Purchaser is conducted exclusively over the Internet by the Purchaser accessing the website at www.funghienergiaesalute.it, where, by following the procedures indicated, the Purchaser formalises a contract to purchase the goods referred to in point 2.1.
Conclusion and validity of the contract
4.1. The purchase contract is finalized by the exact compilation of the request form and by the purchase consent, demonstrated through the request sent online by filling in the form attached to the online electronic catalogue at www.funghienergiaesalute.it, and the subsequent sending of the form itself, always after viewing a printable order summary web page, which contains the details of the Purchaser and the order, the price of the goods purchased, shipping costs and any additional ancillary charges, methods and terms of payment, the address to which the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, the former sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data mentioned in the previous point.
4.3. The contract shall be considered finalized and effective between the parties only upon execution of the conditions specified in the previous point.
Methods of payment and refunds
5.1. Each payment by the Purchaser can only be made by one of the methods indicated by the Supplier on the specific web page.
5.2. Any refund to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 13, point 2 and following, of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communication relating to payments takes place on a specific line of the Supplier protected by an encryption system.
The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with provisions of current legislation on the protection of personal data.
5.4. Pursuant to art. 56 Consumers’ Code, the deadline for reimbursement by the Vendor is 14 days from receipt of notice of withdrawal, reimbursement may be delayed beyond 14 days but only until the Purchaser proves that he has returned the goods or until they have been received by the Vendor.
To proceed with return of goods, please fill in and send the following form.
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to at point 4.2..
6.2. Order execution times may vary from the same day as the order to a maximum of 5 working days from confirmation of the same. In the event that the Supplier is unable to ship within this period but, in any case, within that indicated in the following point, timely notice will be given by e-mail to the Purchaser.
6.3. Methods, times and costs of shipping are clearly indicated and well highlighted on the website www.funghienergiaesalute.it in the Shipping and returns section.
7.1. All the selling prices of the products displayed and indicated on the Internet website www.funghienergiaesalute.it are shown in euros and constitute an offer to the public pursuant to Art. 1336 Italian Civil Code.
7.2. The aforementioned sales prices include VAT and any other taxes. Shipping costs, if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the Purchaser and are also included in the summary web page of the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
8.1. The supplier, by means of the telematic system used, ensures that the order will be processed and executed without delay. For this purpose, the numbers of available and unavailable products, as well as shipping times, are indicated in the electronic catalogue in real time.
8.2. In the event that an order exceeds the quantity available in the warehouse, the Supplier will notify the Purchaser, via e-mail, as to whether the product is no longer available for order or as to the waiting times for the chosen product, and request confirmation as to whether the Purchaser wishes to proceed with the order.
8.3. The Supplier's computer system will confirm registration of the order in the shortest time possible, sending the User a confirmation by e-mail, pursuant to point 4.2.
9.1. The Supplier assumes no liability for disservices attributable to force majeure in the event that it is not possible to execute the order within the times provided for in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in cases of wilful misconduct or gross negligence, for disservices or malfunctions connected with the use of the Internet which is outside the control of the same or of any sub-suppliers.
9.3.The Supplier, furthermore, will not be liable for damages, losses and costs incurred by the Purchaser following the non-execution of the contract for reasons not attributable to the Supplier; the Purchaser is only entitled to a full refund of the price paid and any accessory charges incurred.
9.4. The Supplier assumes no liability for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment for the payment of the products purchased, if the Supplier proves that all precautions possible were taken based on the best science and experience of the moment and according to ordinary diligence.
9.5. In no case can the Purchaser be held liable for delays or inconveniences in payment if he proves that he has made the payment in the times and ways indicated by the Supplier.
9.6. In accordance with European Union Regulation n. 524/2013, the Consumer residing in Europe is informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This platform can be used by the European Consumer to resolve non-judicially any dispute relating to contracts for the sale of goods and services stipulated on the Internet and/or deriving from the same.
Consequently, if you are a Consumer resident in Europe, you can use this platform to resolve any dispute arising from the online contract entered into on this website. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr.
Guarantees and methods of assistance
10.1. The Supplier is liable for any lack of conformity that occurs within the period of time of 2 years from delivery of the goods - reference art. 128 and following of the Consumers’ Code.
10.2. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist:
a) they are suitable for the use for which goods of the same type are normally used,
b) they conform to the description made by the Vendor and possess the qualities of the goods that the Vendor presented to the Consumer as a sample or model,
c) they present the usual quality and performance as goods of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, if applicable, public declarations on the specific characteristics of the goods made thereof by the Vendor, by the producer or by his agent or representative, in particular in advertising or on the labelling,
d) they are fit for any particular purpose for which the Consumer requires them and which he made known to the Vendor at the time of conclusion of the contract and which the Vendor accepted, also implicitly.
10.3. All the products marketed are covered by the legal conformity guarantee provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, present at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Consumer's responsibility for use of the products not compliant with their intended use, or effects of normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee. The Consumer can ask the seller either to repair the goods or replace them, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller. The Consumer has the right to a proportional reduction in the price or the termination of the sales contract, in accordance with the provisions of art. 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions provided for by the Consumer Code, or has refused to ‘bring the goods into conformity’; if the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract; if a lack of conformity occurs despite the seller's attempt to restore conformity of the goods; if the seller has declared (or this is clear from the circumstances) that he will not proceed to restore the conformity of the goods within a reasonable period or without inconvenience. The Consumer has no right to terminate the contract if the lack of conformity is only minor. To benefit from this guarantee, the Consumer must report the lack of conformity with a communication addressed to the seller indicating the defects and faults found. Unless proven otherwise, it is assumed that any lack of conformity that occurs within one year from the time the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the conformity defect.
10.4. In any case, unless proven otherwise, it shall be assumed that the lacks of conformity that occur within 6 months of delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity.
10.5. In the case of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or the cancellation of the contract, unless the request is objectively impossible to satisfy or the cost is unreasonable for the Supplier pursuant to art. 130, paragraph 4, of the Consumers’ Code.
10.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt of the same.
In the same communication, if the Supplier has accepted the Purchaser’s request, he must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
10.7. If repair and replacement are impossible or disproportionate, or the Supplier has not provided for the repair or replacement of the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconveniences to the Purchaser, the latter may request, at his choice, an appropriate reduction in the price or cancellation of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to act on it, or the reasons that prevent him from doing so, within 7 working days of receipt.
10.8. In the same communication, if the Supplier has accepted the Purchaser’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the responsibility of the Purchaser to indicate the methods for re-crediting the amounts previously paid to the Supplier.
Obligations of the Purchaser
11.1. The Purchaser undertakes to pay the price of the purchased good in the time span and ways indicated in the contract.
11.2. Once the online purchase procedure is concluded, the Purchaser undertakes to print and keep the contract.
11.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges this fact, as this step is mandatory before purchase confirmation.
Right of withdrawal
12.1. The Purchaser has in any case the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased goods – reference Legislative Decree 206/2005.
12.2. If the professional has not provided the obligatory information on the existence, methods and times of the right to return the goods or withdrawal in case of exercise of the right of withdrawal pursuant to art. 52 of the Consumers’ Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.
12.3. If the Purchaser decides to exercise the right of withdrawal, he must notify the Vendor by registered mail with return receipt to the address Funghi Energia & Salute S.r.l., Via Torcoli, n° 19, Provaglio d'Iseo (BS),Italy , or by fax to the number 030/9881073 or by e-mail to firstname.lastname@example.org within the following 48 (forty-eight) hours.
For the purpose of exercising the right of withdrawal, the sending of such communication can validly be replaced by the return of the purchased goods, provided this happens within the same terms. The date of delivery to the post office or courier will serve as proof between the Parties.
12.4. The return of the goods must however take place, at the latest, within 14 (fourteen) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
12.5. The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of sealed audio-visual products or computer software, which have been opened by the same, for goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly and in any other case provided for by art. 59 of the Consumers’ Code.
12.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to accept such costs.
12.7. The Supplier will refund the entire amount paid by the Purchaser free of charge within 14 (fourteen) days from the receipt of the withdrawal notice.
12.8. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Causes of resolution
13.1. The obligations referred to in point 11.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in point 5.1, as well as the exact fulfilment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the lack of compliance with only one of these obligations, unless determined by unforeseeable circumstances or force majeure, will entail the legal resolution of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial sentence.
Purchaser's data processing and privacy
14.1. The Supplier shall protect customer privacy and guarantee that data processing complies with the provisions of privacy legislation pursuant to art. 13 of EU Regulation 679/2016.
14.2. Personal and tax personal data acquired directly and/or via third parties by the Supplier Franzinelli Nadia, the Data Controller, are collected and processed in paper, IT, telematic form, according to processing methods for the purpose of registering the order and activating the procedures for the execution of the contract and relative necessary communications, as well as the fulfilment of any legal obligations, so as to allow efficient management of commercial relations to the extent necessary to best perform the service requested (art 24, letter a, b, c, Privacy Code and art.6, letter b, e, GDPR).
14.3. The Supplier undertakes to process the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. These data can be shown only upon request of a judicial authority or other authorities authorized by law.
14.4. Personal data will be communicated only to subjects, who have previously signed a data confidentiality agreement, delegated to carry out the activities necessary for the execution of the contract stipulated, and shall be communicated exclusively for this purpose.
14.5. The Purchaser has the rights referred to in art. 7, Privacy Code and art. 15, GDPR, i.e. the right to obtain:
14.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Otherwise, the Purchaser's request cannot be processed.
14.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. In any case, data removal will take place securely.
14.8. The Data Controller responsible for the collection and processing of personal data is the Supplier, to whom the Purchaser will be able to direct any request at the company head office.
14.9. Anything received at the Company’s postal or e-mail address (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid and truthful information, not damaging to the rights of others; in any case no responsibility can be attributed to the Company for the content of such messages.
Contract storage procedure
15.1. Pursuant to art. 4, Privacy Code and art. 4, no. 2, GDPR, the Supplier informs the Purchaser that all orders sent are stored in digital/paper form on the server/at the Supplier's premises according to confidentiality and security criteria.
Communications and complaints
16.1. Written communications to the Supplier and any complaints will be considered valid only if sent to the following address Funghi Energia & Salute S.r.l. Via Torcoli, n° 19, Provaglio d'Iseo (BS),Italy or by fax to the number (+39) 030 9881073 or by email to email@example.com.
The Purchaser shall indicate in the registration form his residence or domicile address, the telephone number or the e-mail address to which he wishes the communications from the Supplier to be sent.
Settlement of disputes
17.1. All disputes arising from this contract will be referred to the Brescia Chamber of Commerce and resolved according to the Conciliation Rules adopted by the same.
17.2. If the Parties intend to apply to the ordinary judicial Authority, the competent Court is that of the place of residence or elected domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
17.3 In case of disputes the original Italian version will be held valid.
Applicable law and references
18.1. This contract is regulated by Italian law.
18.2. For all issues not expressly provided for herewith, the legal provisions applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.
18.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to herewith.
19.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the object of this contract.