Terms and Conditions
Terms and Conditions of Sale General Sales Conditions (in accordance with Chapter I, Title 3, Part 3, of Italian Legislative Decree no. 206/2005 and subsequent amendments and integrations).
1. INTRODUCTION AND EFFECTIVENESS OF GENERAL PURCHASE CONDITIONS
These general purchase conditions (hereinafter, “General Conditions”) regulate the purchase of products and services made available through the internet from the website sunnn.it (hereinafter, the “Site”) in accordance with the Italian legislation referred to in Legislative Decree no. 206/2005 and subsequent amendments and integrations (hereinafter, the “Consumer Code”).
The seller of the products and owner of the Site is: Luca Cusano Srl, with registered office in via Ferrari 6/B, 26845 Codogno (LO), VAT no. 09492670964, and email address: ordini@sunnn.it (hereinafter “Sunnn”).
The consumer who accesses the Site to make purchases (hereinafter the “Customer”) is required, before sending the order, to carefully read these General Conditions, which have been made available on the Site and can be consulted by the Customer at any time.
If the entity making purchases on the Site requests the issuance of an invoice as a professional or company and/or is not a “consumer or user” as defined in Article 3, paragraph 1, letter a), of the Consumer Code, the provisions relating to withdrawal under Articles 7 and 8 of these General Conditions, and more generally, the provisions that, in accordance with the same Consumer Code, apply only to “consumers,” will not apply.
Contracts concluded with Sunnn through the Site are governed by these General Conditions in compliance with Italian legislation.
2. CHOOSING AND ORDERING PRODUCTS
The characteristics and price of the various products for sale on the Site (hereinafter, “Product” or “Products”) are indicated on the page relating to each Product.
To purchase the Products, the Customer must fill in and submit the electronic order form, following the instructions on the Site. The Customer must add the Product to the “Cart,” enter the shipping and billing information, select the desired payment method, and, after reading and accepting these General Conditions and the Privacy Policy, confirm the order.
By sending the order through the Site, which is a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase process and to fully accept these General Conditions and the payment terms.
The contract concluded between Sunnn and the Customer is deemed to be concluded upon Sunnn’s acceptance of the order. Such acceptance is communicated to the Customer through an order confirmation email containing the order number, shipping and billing information, list of the Products ordered with their essential features, and the total price, including delivery charges.
Upon receipt of the order, Sunnn will verify the availability of stock to fulfill the order. In the event that one or more Products are not available, Sunnn will remove them from the order in whole or in part, after notifying the Customer by email of the change, and proceed with the corresponding refund.
At the time of the order, authorization will be requested for the exact amount of the expense.
3. PRODUCT INFORMATION
Information and features related to the Products are available, along with their respective Product codes, on the Website.
The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the descriptive card. It is understood that the image of the Products themselves, sometimes accompanied by decorative elements, is only intended to present them for sale and may not be perfectly representative of their characteristics and quality but may differ in color, dimensions and combinations with other products. In the event of a difference between the image and the written product description card, the product description card always prevails.
4. PRICES AND SHIPPING
Product prices include all taxes and duties. All prices are expressed in Euros.
When placing an order, the customer will be asked for the address where they wish to receive the purchase and the system will verify in real time the actual coverage of the delivery service in that area. If the area is not covered by the service, the customer will not be able to complete their purchase. Sunnn assumes no responsibility for orders that are accepted based on an incorrect address.
5. PAYMENT AND INVOICING METHODS
5.1 Payment methods
The Customer may pay for the Products and related delivery charges by credit card, PayPal, or Amazon Pay.
Once the order is confirmed, the Customer will be redirected to the PayPal or Amazon Pay website where they can make the payment with their account or by using a credit or prepaid card, or otherwise according to the methods accepted by PayPal or Amazon Pay and in compliance with their respective conditions.
5.2 Order invoicing
For each order placed, the tax code will also be requested in order to always issue an invoice even for private Customers, and if the order is placed by a professional/business, it will be possible to request the invoice to be issued by selecting the appropriate box during the order process and entering invoicing data such as legal address details, VAT number, and recipient code (SDI) or PEC. The invoice will be sent via email to the address indicated in the invoicing data. The private customer and professional/business are responsible for the correct entry of the invoicing data and are expressly informed that, in the event of an incorrect request for the invoice (for example, from a consumer/private user to a professional/business) during the order phase, it will not be possible to request it subsequently.
6. TRANSPORT AND DELIVERY
The products purchased on the Website will be delivered to the address indicated by the Customer during the purchase process.
All home deliveries will be made through an organized shipping carrier service. Sunnn is not responsible for delays that are unforeseeable or not attributable to it. Once the Products are shipped, the Customer will receive a confirmation email.
The service involves delivery to the address indicated at the time of the order. If the carrier is unable to deliver, it will attempt delivery the following business day for a maximum of three attempts. If the recipient is unavailable or the address is incorrect, the delivery will be considered failed.
The merchandise will be returned to Sunnn, which will proceed with the necessary procedures. Under no circumstances will a refund of the charged price be provided
7. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the purchase contract for any reason, without providing explanations and without any penalty, except for the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send a communication to Sunnn within 14 days from the date of receipt of the Products using the email address ordini@sunnn.it, if the Customer intends to exercise the withdrawal before receiving the Products.
Sunnn’s Customer Service will open a practice for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place through a courier indicated by Sunnn.
The right of withdrawal is governed by the following conditions:
- The right applies to the Product purchased in its entirety; therefore, if the Product consists of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
- In the event of exercise of the right of withdrawal, Sunnn will refund the customer the entire amount of the returned goods, including shipping costs where provided, within 14 days from the date on which the communication of withdrawal was received, without prejudice to Sunnn’s right to suspend the refund payment until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method.
- Also, in order to ensure the free return in accordance with the following article 8, the Products must be returned in the same box in which they were received.
- In addition to the cases indicated in the Premise (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
- orders of products tailored or clearly customized;
- orders of products that are likely to deteriorate or expire rapidly;
- • orders of sealed products that are not suitable for return for reasons of hygiene or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that “are liable to deteriorate or expire rapidly” are all food Products (including wines, alcoholic beverages, and drinks), as the characteristics and qualities of such types of Products are subject to alteration even as a result of improper storage. Therefore, for hygiene and customer protection reasons, the right of withdrawal applies only to Products purchased on the Site that can be returned to Sunnn and put back on the market without danger to consumer health (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, Sunnn will refund the Customer for the purchased Products, charging them for the shipping costs.
8. RETURN IN CASE OF EXERCISE OF THE RIGHT OF WITHDRAWAL
The Customer is fully responsible for the shipping costs for the return of the Products in case of exercising the right of withdrawal.
The Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Sunnn to arrange for the return of the Products to the courier.
9. CANCELLATION, POSTPONEMENT, OR MODIFICATION OF SHIPPING ADDRESS OF THE ORDER
The Customer cannot cancel, postpone, or request a change of shipping address for the order once it has been concluded, both for home delivery and in-store pickup (if available).
Sunnn reserves the right to cancel the order in case of unforeseeable difficulties, informing the Customer via email, or, with the Customer’s agreement, to modify the day and/or time of delivery.
10. WARRANTY AND NON-CONFORMITY DEFECTS
In case of non-conformity defects of Products sold by Sunnn, the Customer must immediately contact the Customer Service using the contact address ordini@sunnn.it.
In case of spoiled wine or wine that smells like a cork, the Customer is asked to keep the bottle with at least 2/3 of its contents and with its original cork and to report the alleged non-conformity to the Customer Service. Sunnn will intervene as soon as possible by arranging for a free pickup in order to carry out a thorough verification and propose the most suitable solution.
The Customer forfeits such rights if they do not report the non-conformity defect to Sunnn within two months from the date on which they discovered the defect, provided that it is not a Product that is by its nature perishable or subject to a shorter expiration period, in which case the defect must be reported within that reduced period.
11. ERRORS AND LIMITATIONS OF LIABILITY
The information about the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which reason Sunnn cannot be held responsible, except in cases of willful misconduct or gross negligence.
Sunnn reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted, or to modify or update the information at any time without prior notice, while the Customer’s rights under these General Conditions and the Consumer Code remain unchanged.
Except in cases of willful misconduct or gross negligence, the Customer is not entitled to compensation for damages or recognition of compensation, nor any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance or partial fulfillment of an order.
Sunnn promotes responsible consumption of alcoholic beverages and excludes any liability, except in cases of willful misconduct or gross negligence, in the event of a purchase made by minors under the age of 16. By purchasing any alcoholic product, you declare to be of legal age as per Article 7 of Law Decree 158/2012. Sunnn assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared a different age.
12. CLAIMS
Any complaints must be forwarded to Sunnn using the email address ordini@sunnn.it. Sunnn undertakes to respond to all requests within a maximum of 7 working days.
13. ONLINE RESOLUTION OF CONSUMER DISPUTES (ODR)
If you are a European consumer, you should be aware that the European Commission has made available to all residents in Europe a tool dedicated to alternative dispute resolution. To access the platform, click here.
14. APPLICABLE LAW AND JURISDICTION
The sales contract between the Customer and Sunnn is deemed to be concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders, if the Customer is a consumer under the Consumer Code, the competent court shall be exclusively that of their municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Lodi, with any other competent court excluded.
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Under Article 1341 of the Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (liability for delivery delays), 10 (right to correct errors – exclusions of liability).