Terms of Sale and Shipping Methods
1. GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter “General Conditions”) govern the purchase of products made online on the website “www.palazzodivarignana.com” and "www.palazzodivarignanafood.com" (hereinafter, the “Website”), of the products described on the Website (hereinafter, the “Products”), in compliance with Italian law, including Legislative Decree No. 206/2005 and subsequent amendments (hereinafter, the “Consumer Code”), as well as the e-commerce regulations (Legislative Decree No. 70/2003).
In the case where the individual purchasing on the Website requests an invoice and/or is not a “consumer or user” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the withdrawal provisions of Articles 7 and 8 of these General Conditions shall not apply, nor will the provisions that, according to the same Consumer Code, apply only to “consumers”.
The seller of the Products and the owner of the Website is: Palazzo di Varignana S.r.l., with legal headquarters at Via della Zecca, 2 40121 Bologna and operational headquarters at Via Cà Masino 611/A, 40024 loc. Varignana, Castel San Pietro Terme (BO), Tax Code/VAT Number: 02658521204, Italy (hereinafter, “Seller”).
The user who accesses the Website to purchase Products (hereinafter “Customer”) is required, before submitting the order, to carefully read these General Conditions, which have been made available to them on the Website and will be accessible at any time by the Customer through the link contained in the order confirmation email to allow for reproduction and storage.
To purchase Products on the Website, the customer must be of legal age.
These General Conditions may be subject to modifications. The modified version of the General Conditions will be promptly published on the Website. In any case, the General Conditions in effect at the time of the online order will apply.
2. PROCEDURE FOR PURCHASING PRODUCTS
2.1 REGISTRATION
The Customer can register on the Website. Registration is free of charge.
To register on the Website, the Customer must fill out the appropriate form with their first name, last name, country, address (including postal code), phone number, email address, and a password.
The successful registration will be confirmed to the Customer via an email.
Registration on the Website allows the Customer to perform various activities through a reserved area, such as: tracking the status of orders; viewing order history; accessing assistance services; managing personal data and modifying it at any time; taking advantage of services that may be activated from time to time.
2.2 ORDER
To purchase Products, the Customer must add products to the cart and complete the electronic order by following the instructions on the Website. The Customer must select the Products and, after reviewing the General Conditions and Privacy Policy and confirming their acceptance, must enter the shipping and billing details, choose the desired payment method, and confirm the order (hereinafter the “Order”). Before submitting the Order, the Customer:
  • must expressly accept these General Conditions by checking the appropriate box;
  • may identify and correct any data entry errors by following the instructions on the Website.
By submitting the Order on the Website, the Customer declares and guarantees that they are of legal age and have full legal capacity to enter into and perform contracts for the sale of the Products and that they have reviewed all the information provided to them during the purchase process. The contract between the Seller and the Customer is considered concluded upon the sending of an email confirming and accepting the order, as specified in the following Article 2.3.
2.3 ORDER ACCEPTANCE
The acceptance of the Order is communicated to the Customer through an email to the email address provided during the purchase process on the Website. The acceptance email will include a reference to these General Conditions, the order number, shipping and billing details, a list of the ordered Products with their essential characteristics, total price, and delivery charges.
2.4 REFUSAL AND CANCELLATION OF THE ORDER
The Seller reserves the right to refuse or cancel orders that come from (I) a Customer with whom the Seller has an ongoing legal dispute; (II) a Customer who has previously violated the General Conditions; (III) Customers who have provided false, incomplete, or inaccurate identification data.
2.5 MODIFICATION OF THE ORDER
The Customer should check the confirmation email, and if they find errors and wish to make changes to the Order, they can do so before 12:00 AM on the day of the Order itself (using the "Modify" function). After this time, the Order will be processed for shipping, and no further modifications will be accepted, without prejudice to the Customer’s rights as specified in the following Article 7.
The Seller, due to unforeseen logistical and organizational difficulties, may cancel the Order by notifying the Customer via email or, with the Customer's agreement, change the delivery day and/or time.
3. PRODUCTS
3.1 PRODUCT FEATURES
The characteristics and prices of the various Products for sale on the Website are listed, along with their respective codes, on the page dedicated to each Product. It is understood that the image of the Products is solely for presentation purposes and may not perfectly represent their characteristics and quality.
When selecting each Product on the Website, any booking limitations are indicated.
4 PRICES AND DELIVERY FEES
4.1
All prices for Products published on the Website are expressed in Euro, include VAT but do not include delivery fees or other potential costs and/or taxes that may increase the price of the Products, as these additional costs and potential increases are exclusively borne by the Customer.
Delivery charges are €8.00 and free for orders over €100.00 in Italy.
Delivery charges are €20.00 and free for orders over €130.00 in Germany.
4.2
Delivery charges, including VAT, will be displayed when the Customer selects the delivery location and will be restated in the Order Confirmation email.
5. PAYMENT METHODS AND INVOICING
5.1 PAYMENT METHODS
The Customer may make payment for the Products and associated delivery charges online using the credit cards indicated on the Website.
5.2 INVOICING OF ORDERS
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order process and entering billing details, including the tax code and/or VAT number. In this case, the invoice will be sent by email to the address provided. The professional is responsible for correctly entering the billing details and is informed that if the invoice is not requested during the order process, it cannot be requested later. If the Customer is not a “consumer or user” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the withdrawal provisions of Article 7 of these General Conditions will not apply, nor will the provisions that, under the same Consumer Code, apply only to “consumers”.
6. TRANSPORT AND DELIVERY
6.1
The Seller arranges delivery through specialized carriers appointed by them, exclusively in areas visible at the time of selecting the delivery location. The Customer, when accessing the site or registering, is required to verify the served postal codes. The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate "Shipping Details" field. For delivery, the presence of the Customer or an authorized representative capable and qualified to receive the delivery, also in relation to the nature of the ordered Products, is required; the Customer expressly releases the Seller from any responsibility in this regard. Delivery will not be made if the Customer or the person appointed by them is manifestly unsuitable to receive the Products due to age conditions.
Under no circumstances may the Customer refuse the delivery of the purchased Products; any complaints may be made according to the provisions of the following article 10.
6.2
At the time of delivery of the Products, the Customer must check that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. Any damage to the packaging must be reported on the carrier’s delivery note. Any defects in the Product or issues related to the lack of one or more Products must be reported within 24 hours of delivery, according to the procedures outlined in the following article 10.
7. RIGHT OF WITHDRAWAL
7.1
The Customer has the right to withdraw from the purchase contract for any reason, including partially, without the need to provide an explanation and without any penalty, except in the cases of exclusion provided in the following point 7.3 (IV). To exercise this right, the Customer must send a communication to the Seller within 14 days from the date of receipt of the Products. This communication must be sent by email with the appropriate form, which can be downloaded here. A confirmation must be sent via registered mail with acknowledgment of receipt, addressed to Customer Service, within 48 hours thereafter.
The email communication:
  • For food products, it must be sent to the email address: infofood@palazzodivarignana.com;
  • For products in the “Cosmetics and wellness” category, it must be sent to the email address: varsanaspa@palazzodivarignana.com
  • It must contain in the subject an explicit reference to the RIGHT OF WITHDRAWAL and the order number;
  • It must include the order confirmation as an attachment.
The registered letter must be sent to the following address:
Palazzo di Varignana S.r.l.
Via Ca' Masino 611/A 40024
Varignana, Castel San Pietro Terme (Bologna)
7.2
Customer Service will open a return procedure once the communication has been received and inform the Customer about the products for which return is possible, in accordance with the provisions of the following paragraph 7.3 (IV). The Customer must then return the product at their own expense to the following address:
Palazzo di Varignana S.r.l.
Via Ca' Masino 611/A 40024
Varignana, Castel San Pietro Terme (Bologna)
7.3
The right of withdrawal is governed by the following conditions:
I.
The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
II.
In the event of exercising the right of withdrawal, the Seller will refund the Customer the full amount for the returned Products, within 14 days from the date on which the withdrawal communication was received, provided that the Seller has the right to suspend the refund payment until the Products have been actually received. The Customer is asked to return the Products without undue delay, and in any case within 14 days from the day they communicated their withdrawal. The deadline is met if the Customer returns the Products before the expiration of the 14 days. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In the case of a bank transfer, the Customer must provide the bank details for the refund (account holder name, bank name and address, and IBAN).
III.
The Products must be returned in the same packaging in which they were received.
IV.
The right of withdrawal is excluded in the cases provided by article 59 of Legislative Decree 21/2014. In particular, the following exceptions to the right of withdrawal apply to the sale of the Products:
  • order of Products made to measure or clearly personalized;
  • order of Products that are likely to deteriorate or expire rapidly;
  • order of Products sealed for hygiene or health protection reasons that have been opened after delivery.
The right of withdrawal does not apply to customers who are not considered consumers or customers who request the issuance of an invoice with their VAT number.
8. LEGAL WARRANTIES
8.1
In case of defects in conformity of the Products, the Customer must immediately contact Customer Service as indicated in the following point 10.
8.2
The sale of Products is subject to the legal warranties provided by articles 129, 130, and 132 of the Consumer Code if the Customer is a "consumer or user" as defined in article 3, paragraph 1, letter a) of the Consumer Code; otherwise, the provisions of the Civil Code related to the sale apply. The Customer is entitled, at their choice and provided that the type of Product allows it, to have the conformity of the Product restored, at no cost, by repair or replacement, or to an appropriate reduction of the price or resolution of the contract. It is understood that it is the Customer's responsibility, under penalty of forfeiture, to prove the date of discovery of the defect and provide all necessary information to identify such defect.
9. ERRORS AND LIMITATIONS OF LIABILITY
The information about the Products provided on the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which the Seller cannot be held responsible, except in cases of fraud or gross negligence.
The Seller reserves the right to correct errors, inaccuracies, or omissions even after an order has been placed, or to modify or update information at any time without prior notice, while the rights of the Customer are maintained according to these General Terms and the Consumer Code.
Except for fraud or gross negligence, the Customer waives any right to claim damages or seek compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things caused by the non-acceptance or partial fulfillment of an order.
10. CUSTOMER SERVICE AND COMPLAINTS
It is possible to request information, send communications, request assistance, or file complaints by contacting Customer Service through the following means:
  • by email, writing to:
  • For food products, it must be sent to the email address: infofood@palazzodivarignana.com;
  • For products in the "Cosmetics and wellness" category, it must be sent to the email address: varsanaspa@palazzodivarignana.com
A response to complaints will be sent by email as soon as possible from the date of receipt of the complaint.
11. PRIVACY
The Seller will process the Customer's personal data in compliance with privacy regulations, as outlined in the "Privacy Policy" section.
12. APPLICABLE LAW AND COMPETENT COURT
The sales contract between the Customer and the Seller is deemed to be concluded in Italy and governed by Italian law. For disputes regarding the interpretation, execution, or resolution of these General Terms or individual purchase orders, if the Customer is a consumer according to the Consumer Code, the exclusive jurisdiction will be the court of their municipality of residence or domicile if located within Italian territory; in all other cases, the exclusive jurisdiction is the Court of Bologna, excluding any other competent court.
13. ONLINE DISPUTE RESOLUTION (ODR)
The European Commission has provided a platform for the alternative dispute resolution of disputes for all Customers residing in Europe. The Customer can access the ODR platform, managed by the European Commission, at the following address https://webgate.ec.europa.eu/odr
Pursuant to article 1341 of the Civil Code, the Customer declares to have read and specifically accepts the following articles of these General Terms: Art. 2.4 Refusal and cancellation of the Order; 2.5 Modification and cancellation of the order; 6. Transport and delivery; 7. Right of withdrawal; 8. Legal warranties; 9. Errors and limitations of liability; 10. Customer service and complaints; 12. Applicable law and competent court