Introduction
These terms and conditions of sale (“Agreement”) are applicable to any order placed with and accepted by our firm (referred to herein as “Brizzi Valentina” or “Supplier”) through our domain www.zinurra.com.
The use of the sale services provided by the domain (referred to herein as “Service” or “Services”) is only allowed to a registered user, who has:
Viewed the Personal Data Processing Policy;
Accepted the General Terms;
Created an account on www.zinurra.com as shown below.
In order to abide to italian legislation (namely art. 7 and 12 of Dlgs. 70 of 9.4.2003), www.zinurra.com communicates to users the following information: the provider of the Services subject to the Agreement is BRIZZI Valentina, an individual company, with legal headquarters in 89030 – Benestare (RC) Rione San Francesco n° 13 ( Italy), P. IVA 02945730808; Reggio Calabria Chamber of Commerce REA RC202057.
The Agreement will also apply to the new types of Services, which will be provided in the future by Brizzi Valentina, unless otherwise stated at the time of registration or the first provision of the new Service. Please print a copy of the Agreement and/or store them on durable media.
Special notice for consumers: Only consumers of age of 18 or above are allowed to purchase on www.zinurra.com. The term “Consumers” refers to individuals who access www.zinurra.com with purposes that are not related to any business or professional activity. The provisions contained in Dlgs. 206 of 6.9.2005 (‘Consumers Code’) will therefore be applicable, as well as those generally applicable to the type of service provided by www.zinurra.com under Dlgs. 70 of 9.4.2003 (e-commerce and information services)
1. Generalities and scope of application
The Agreement applies to all sales made by the Supplier on its Website www.zinurra.com ( referred to herein also as “Site” or “Website”).
The Agreement may be modified at any time, except for the user right of withdrawal referred to in point 1.4 below. Any changes and / or new conditions will be effective from the moment they are published in the “Conditions” section of the Site. Therefore we invite users to regularly access the Site and to verify the publication of the most updated Agreement.
The applicable Agreement is that in force on the date of dispatch of the purchase order.
In the event that the user does not intend to accept the changes to the Agreement, he will have the right to withdraw by giving notice by registered letter with request for confirmation of receipt, or PEC e-mail with 7 days notice.
The continued use of the Service after the deadline referred to in paragraph 1.4 is an expression of the will to accept the Agreement.
This Agreement does not govern the sale of products and / or the provision of services by third parties other than the supplier that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with these parties, the user must check their sales conditions. Brizzi Valentina is not responsible in any way for the supply of services and / or for the sale of products by third parties. On websites that can be consulted through these links, Brizzi Valentina does not perform any checks and / or monitoring and is therefore not responsible neither for the contents of such sites nor for any errors and / or omissions and / or violations of the law made by third parties.
2. Registration
It is necessary to register on the Site, create an account, accept the Agreement by clicking on the “Register” button on the Website home page. Failure to accept the Agreement will make it impossible to register on the Site and make purchases on www.zinurra.com.
Registration on the Site is free. To register, the user must complete the registration form, entering an e-mail address and a password (hereinafter the “Registration Credentials”). Registration must be validated and is confirmed through an email sent to the address provided by the user.
Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. Users must immediately notify www.zinurra.com in case of suspected misuse of theri credentials. The Registration Credentials may be modified by the user at any time by accessing the website in the appropriate section.
The user guarantees that the Registration Credentials provided during the Site registration process are complete, correct and true. The user agrees to indemnify Brizzi Valentina for any claim for damages or sanctions arising and / or in any way related to the user’s violation of the rules upon registration on the Site. The user is solely responsible for accessing the Site through the Registration credentials and is directly and solely responsible for any loss or damage caused to Brizzi Valentina or third parties from improper use, loss, misappropriation by others or failure to protect adequate secrecy of their Registration Credentials. All transactions made through the Registration Credentials are considered to have been made by the Customer to whom the Registration Credentials refer.
By registering on the Site, you agree to receive invitations to participate in sales and commercial proposals of www.zinurra.com. At any time, by clicking on the link at the bottom of the invitation, the user can request not to receive further invitations to participate in sales. In any case, the user can participate in sales through direct access through his own credentials on the Site.
Services are provided in Italian.
It is possible to make a single registration per user. Multiple registrations will be canceled.
In the personal area of the Website the user can view and, if necessary, modify open orders, recently sent and / or completed as well as manage and save personal data and newsletter subscription.
www.zinurra.com reserves the right to refuse, at its sole discretion, the registration of a user and also reserves the right not to accept orders from anyone coming, which are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Site, as well as in relation to the improper or suspicious use of gift or discount vouchers referred to in section 13.2.10. The user may at any time cancel his registration by accessing the personal area on the Site.
3. Pre-contractual information
In accordance with the Italian D.lgs 9 April 2003, n. 70 containing provisions on electronic commerce, the Supplier informs the user that:
to finalise the purchase of one or more products on the Site, the user must complete an electronic order form and send it electronically, following the instructions appearing each time on the Website and accompanying the various stages of the purchase;
the purchase is finalised when the Customer registers the order form, after verifying the correctness of the data relating to the order and the payment;
once the order form has been registered, a confirmation e-mail will be sent to the e-mail address indicated, containing a summary of the Agreement, information on the characteristics of the product purchased, a detailed price indication , the means of payment used, the methods for exercising the right of withdrawal, shipping costs and any additional costs, as well as the indication of the assistance service. The user is advised to keep the e-mail received as proof of purchase and store it on a durable medium;
the order form will be filed in the database of www.zinurra.com for the time necessary to execute the order and, in any case, to abide to the law. To access your order form the user can access the Profile – Orders section of the Site where he will find a list of all orders placed.
4. Terms and conditions of purchase
The offers published on the Website are available for a limited time and with limited quantity of products. The validity timings of the offers are shown on the Site
All prices shown on the Site are expressed in Euro (€) and are inclusive of VAT. The contribution to the order processing and delivery costs is explicitly indicated and includes VAT. This amount will be shown separately on the order form before sending and on the order confirmation e-mail.
Product prices can change without prior notice until the order is confirmed. Prices charged to the user will be those published on the product sheet at the time the order is sent.
Products purchased by the user will remain property of Brizzi Valentina until full payment of price and costs has been made by the user.
www.zinurra.com will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, any shipping costs and any additional costs, as indicated in the form order.
www.zinurra.com reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or with whom there are pending disputes.
5. Availability
The products offered on the Site are limited in number and can be sold at discounted prices. It may therefore happen that the ordered product is no longer available after the purchase order has been registered. In any case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will be canceled. If the payment has already been made, the sum paid by the user will be reimbursed, including contributions to the order processing and shipping costs, immediately, and in any case within thirty days from the day following the sending of the order. The refund amount will be communicated by e-mail and credited to the same payment method used for the purchase either by bank transfer or by voucher.
Brizzi Valentina is not responsible for any delays in crediting, which depend on the bank or the type of credit card used for payment. In any case, the value date of the credited amount will be the same as the debit date.
6. Delivery
The delivery of the goods is carried out throughout the EU, at the postal address indicated by the user in the order form. The user is solely responsible for the address provided for the shipment.
The delivery times are those specified in the purchase order posted in the Profile – Orders section of the Site and specified in the confirmation of the purchase order. If a specific delivery period is not indicated, it will take place within thirty days of the day following the order being sent.
When the products are delivered to the carrier, an e-mail confirming the shipment will be sent to you. Deliveries will be made from Monday to Friday, in normal business hours, excluding bank holidays.
In case of delivery impediments due to force majeure, the user will be contacted by e-mail to inform of the delay in delivery times. Brizzi Valentina cannot be held in any way responsible for any delays due to third-party events and or causes of force majeure.
The delivery is considered completed when the product is made available to the user at the address specified in the order form.
If the recipient is not delivered to the specified address, the courier will leave a postcard to certify the delivery attempt. The postcard will show the data that the user will need to use to contact the courier and define an appointment for the second delivery attempt. After two “empty” delivery attempts, the package will go into storage and the user will be contacted in order to unlock the inventory and make sure that the delivery takes place as soon as possible. If this attempt is not successful, the purchased product will be sent back to Brizzi Valentina. Thirty days after the product was sent back to the sender, the contract will be terminated and the purchase order cancelled under art. 1456 c.c; Brizzi Valentina will refund the amount paid by the user, net of the costs of the delivery of the failed product, even if they were not initially charged, as well as the costs of returning the product and the costs of custody. The termination of the contract and the amount of the refund will be communicated to the user by e-mail. The amount of the refund will be credited only by means of payment used by the user for the purchase. In the event that, before the course of the thirty days, the user is asked to receive the purchased product again, Brizzi Valentina will proceed to the new delivery after the cost of the product, in addition to the costs of returning the product and the costs of Case.
It is up to the recipient to check the condition of the delivered product. In the event that the package has signs of breakage, cask, tampering and/or alteration, the user is invited to accept the package from the courier with “CONTROL RESERVE”. If the product is found to be damaged, please give it prompt notice by e-mail PEC to the address [email protected] In the communication it will be necessary to list the damaged products, attach the courier’s delivery coupon with the words “ACCEPTED WITH CONTROL RESERVE” and, where possible, attach photographic evidence of the damaged material. If the package is accepted without “CONTROL RESERVE” there will be no way to proceed against the courier and we will therefore not be able to defer the damaged goods.
7. Contractual withdrawal
The user who purchased products through the Site has the right to withdraw from the contract concluded with Brizzi Valentina, without any penalty and without specifying the reason, within 10 working days from the date of receipt of the goods, if not otherwise Specified. The withdrawal should be exercised by means of the Pec and at the following address: [email protected];
The user will have to ship, using a carrier of their choice and at their own expense, within 10 working days from the date of receipt of the goods, the products purchased, properly packed in their original packaging, accompanied by all accessories.
In accordance with art. 67, The second paragraph, of the Code of Consumption, the substantial integrity of the product to be returned is a necessary condition for the exercise of the right of withdrawal. The products must not have been damaged and/or altered.
Although this is not required, since the risk of returning the goods lays with the buyer, Brizzi Valentina suggests to the buyer who wishes to exercise the right of withdrawal to insure the shipment at his own expense for the value shown in the purchase order confirmation email.
In accordance with art. 67, 4th paragraph, of the Code of Consumption, as soon as possible but only after the return of the products and only after verifying the fulfillment of preceding points 7.1, 7.2, 7.3, 7.4, Brizzi Valentina will refund the sums paid by the user. The amount of the refund will be communicated by e-mail and credited by the same means of payment used for the purchase or by bank transfer. If technically possible, the currency date of the amount refunded will be the same as the charge. The user’s ability to join ongoing commercial offers remains firm.
In accordance with art. 55 of the Consumer Code, there is no right of withdrawal when sold products are custom-made or customised and when they cannot be sent back by their nature or risk deteriorating or altering quickly. Despite that, Brizzi Valentina offers the possibility of withdrawal for food products that can be deteriorated under the following conditions:
The customer has the right to withdraw from the purchase of fresh goods at the risk of deterioration if he has withdrawn the package on the first delivery attempt by the courier. In the case of non-delivery due to absence of the recipient to the specified address – at the first step of the courier – the right of withdrawal expires.
The customer has the right to withdraw from the purchase of fresh goods at the risk of deterioration if when opening the package, the buyer sees that the product is altered or does not show the characteristics specified at the time of purchase.
The right of withdrawal for products at risk of deteriorating ability may be exercised by sending a written notice via our e-mail service to [email protected] within 24 hours of receipt of the goods. The communication should indicate the description of the products you intend to return and their alteration.
Brizzi Valentina reserves the right to assess the actual deterioration of the fresh product upon re-entry. If the existence of the alteration is not found, the customer will be notified and the price paid will not be returned.
8. Payment
Payment for products purchased on the Site is made by credit card or PayPal or by bank transfer in advance. Brizzi Valentina accepts the main credit cards (i.e. VISA, MASTERCARD circuits) whose payments will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol with 256-bit encryption.
At the time the order is sent, no charge will be made to the credit card used by the user for payment. The charge will be made only after:
the data of the credit card used by the user for payment will have been verified;
the company issuing the credit card used by the user will have released the debit authorization.
The tax receipt will be issued automatically with each purchase. On the occasion of the first purchase, the user will be asked to communicate the data for the header of the receipt. He may subsequently modify these data. The receipt of each purchase will be available in the Profile – Orders section.
In the event of non-payment, Brizzi Valentina will charge the costs related to the management of the unpaid debt to the user and will reject the relative purchase order, notifying it by e-mail.
Brizzi Valentina reserves the right not to accept certain payment methods at its sole discretion.
9. Guarantees and non-conformity of the products
The products offered on the Site comply with national and EU legislation in force in Italy.
Images and colors of the products published on the Site may differ from the actual ones due to the local settings of the systems and / or tools used for their display. Brizzi Valentina is not responsible for the mismatch between the product ordered and the description of the product on the Site, in the event that the mismatch derives from errors in the description attributable to the supplier and of which it was not and could not be aware with the use of normal diligence.
All products sold on the Site are covered by the Legal Compliance Guarantee provided for in articles 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Guarantee is only for consumers.
In case of lack of conformity of the products purchased with respect to the description published on the Site, the user has a right to product replacement, without any additional cost, whenever this is possible in relation to the amount of product still available for sale and unless the replacement or repair is excessively burdensome for the seller in consideration of the value that the goods would have, if there were no lack of conformity, and the extent of such defect. Alternatively, the user has the right to terminate the contract or reduce the price, in accordance with the following provisions.
The seller is liable to the consumer for any lack of conformity which exists at the time of delivery of the product and which occurs within two years of delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless there is evidence to the contrary, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. To take advantage of the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods.
In the event of termination of the contract, Brizzi Valentina will refund the price paid by the user, in addition to the shipping costs. In the event of a price reduction, it will return the amount of the reduction previously agreed with the user. In any case, the refund amount will be communicated to the user by e-mail and credited by the same means of payment used by the user for the purchase. The user will have to agree with the Customer Service of www.zinurra.com how to ship the goods.
Products modified or in any way altered by the user are excluded from the Legal Guarantee. Also excluded from the field of application of the Legal Guarantee are any defects caused by accidental facts or by the user’s responsibility or by a use of the product that does not conform to its intended use and / or what is foreseen in the technical documentation attached to the product, where available, or in the instructions for use relating to the same. The guarantee is personal and will therefore only apply to the original purchaser.
In no event shall Brizzi Valentina be held responsible for the breach of any of the obligations deriving from This Agreement in the event that the alleged breach is caused by unforeseeable circumstances and / or force majeure, including, by way of title purely as an example, natural catastrophes, terrorist acts, network malfunctions and / or blackouts.
10. Obligations and responsibilities of the supplier
The supplier will correct all the errors present in the description of the products offered on the web site as quickly as possible since their first reporting. The reporting of these errors can be made by contacting the Customer Service of www.zinurra.com at the addresses shown in the introduction.
The supplier is not responsible in case of damages of any nature deriving from the use of the product in an improper way and / or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.
The supplier will not be liable in the event of loss of revenue, profits, data or any other indirect damage of any nature arising from or in any way connected to the contracts subject to the Agreement.
The liability of the supplier, in any case, cannot exceed the total value of the purchase order.
In no case will the supplier be held responsible for non-fulfilling any of the obligations deriving from the contracts subject to the Agreement in the event that the breach is caused by unforeseeable circumstances and / or force majeure, including, by way of title purely as an example, natural catastrophes, terrorist acts, network malfunctions and / or blackouts.
11. Suspension of the Service
Brizzi Valentina reserves the right to temporarily suspend, without any prior notice, the provision of the Services for the time strictly necessary for the necessary and / or appropriate technical interventions to improve the quality of the Services themselves.
Brizzi Valentina may, at any time, interrupt the provision of the Service if there are justified reasons of security or violations of confidentiality, in which case giving notice to the user.
12. Site content and intellectual property rights
The contents of www.zinurra.com, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics, colors, patterns, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software are protected by copyright and by any other intellectual property right of Brizzi Valentina and of other owners. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images of the contents of the Site is prohibited unless previously authorized in writing by Brizzi Valentini. Any use of the contents of the Site for commercial and / or advertising purposes is also prohibited.
All other distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by virtue of a license, for the sole purpose of distinguishing, describing and advertising the products for sale on the web site. Any use of the above mentioned distinctive signs is not compliant with the law and, as it is not authorized, is prohibited. It is not in any way permitted to use any distinctive sign present on the Site to take unfair advantage of the distinctive character or reputation of these or in such a way as to prejudice them and their owners.
In no case the user can alter, change, modify or adapt the Site, nor the material made available by Brizzi Valentina.
13. Gift certificates and discount vouchers
www.zinurra.com offers the possibility, at its sole discretion, to registered users to receive gift vouchers and / or discount vouchers, hereinafter referred to as “vouchers”. The Vouchers can be granted, by way of example and not limited to, upon registration or following the registration of a friend invited by the user.
The validity and value of the Vouchers are specified at the time the Vouchers are issued. In the case of vouchers offered at a specific offer, these vouchers cannot be used for other offers.
The Vouchers are not transferable. Vouchers are neither redeemable for cash nor acrrue interest.
Coupons cannot be used to pay shipping costs.
Coupons cannot be used to purchase Giftcards.
Brizzi Valentina reserves the right not to accept Vouchers for orders below the minimum amount specified at the time of issuing the Vouchers.
In the event that the amount of the Vouchers exceeds the purchase amount, Brizzi Valentina will not reimburse or credit the remaining amount to the user.
In the event that the user’s order exceeds the value of the Vouchers, the difference in amount can be paid by the user using the normal means of payment referred to in section 8 above.
Brizzi Valentina reserves the right to accept only one voucher per order.
In the event of returns, the vouchers will not be refundable.
Brizzi Valentina reserves the right to revoke the Vouchers in the event of fraudulent activity by the user. By way of non-exhaustive example, making false invitations, violating the Terms and Conditions of www.zinurra.com.
Brizzi Valentina reserves the right to change the conditions relating to the Vouchers at any time and without notice, such as, but not limited to, the possibility of use, expiration dates.
14. Final provisions, applicable law and competent court
The Agreement is governed by Italian law
For any dispute concerning the Agreement, the Local Court indicated by the consumer user as his residence or domicile, if located in the territory of the Italian State, will be competent.
Consumer disputes – ODR, online dispute resolution
ODR platform regulated by regulation (EU) no. 524/2013 of the Parliament and of the Council of 21 May 2013 to settle out of court disputes arising from online purchase contracts for goods and services (Online Dispute Regulation)
The European Regulation on Online Dispute Resolution (ODR) – regulation (EU) No. 524/2013 of the European parliament of 21 May 2013 – concerns the procedures intended to resolve out-of-court disputes between businesses and consumers originating from contracts for goods and services entered into online.
Consumers and businesses have a single access point consisting of the ODR platform established by regulation 524. Through ADR entities that are connected to the platform, consumers and businesses have at their disposal an alternative solution to consumer disputes through quality ADR procedures.
To resolve out-of-court disputes with companies deriving from purchases of goods and services made online or via online markets (so-called Marketplace), consumers can connect to the ODR telematic platform, managed by the European Commission: https: //webgate.ec.europa .eu / odr; once connected they can choose the body to turn to to resolve the dispute and activate the related procedure.