General Provisions

These General Terms and Conditions of Sale apply to all current and future sales contracts concluded through the website ginfumo.it (hereinafter the “SITE”) between RISTORENT S.r.l., with registered office at Via Comezzano 43, Castelcovati (BS) – Italy – VAT No. 04062520988 – Tax Code 02857840983 – e-mail: ginfumo@tabaccaia.it (hereinafter the “SELLER”), and any natural person who, for purposes unrelated to their entrepreneurial, commercial, artisanal or professional activity, makes online purchases on the SITE (hereinafter the “CUSTOMER”).

The CUSTOMER is invited to read these General Terms and Conditions carefully before submitting any purchase order.

For any request for information or complaint, the CUSTOMER may contact the SELLER’s e-Commerce Department by sending an e-mail to ginfumo@tabaccaia.it or by registered letter with return receipt to Ristorent S.r.l., Via Comezzano 43, Castelcovati (BS) – Italy.

ART. 1 – DEFINITIONS

1.1. For the purposes of these General Terms and Conditions of Sale, the following terms (whether used in the singular or plural) shall have the meanings set out below:

CUSTOMER(S): the user, at least 18 years of age, who purchases the PRODUCTS on the SITE as a “Consumer” pursuant to Art. 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), meaning a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out;

GENERAL CONDITIONS: these General Terms and Conditions of Sale;

PARTIES: jointly, the CUSTOMER and the SELLER;

PRODUCT(S): the entire range of products available and offered for sale on the SITE;

SITE: the website ginfumo.it, owned by the SELLER;

SELLER: Ristorent S.r.l., with registered office at Via Comezzano 43, Castelcovati (BS) – Italy – VAT No. 04062520988 – Tax Code 02857840983 – e-mail: ginfumo@tabaccaia.it.

ART. 2 – SCOPE OF APPLICATION

2.1. These GENERAL CONDITIONS apply to all current and future sales contracts for PRODUCTS concluded between the SELLER and the CUSTOMERS through access to the SITE and submission of a purchase order in accordance with the procedure provided by the SITE.

2.2. These GENERAL CONDITIONS are drafted in compliance with:

• Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), as amended;

• Legislative Decree no. 70 of 9 April 2003 implementing Directive 2000/31/EC on electronic commerce;

• EU Regulation no. 679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data.

2.3. Before submitting any purchase order, the CUSTOMER undertakes to read these GENERAL CONDITIONS carefully. By submitting the order, the CUSTOMER acknowledges having read, understood and accepted them without limitation or reservation and undertakes to print and keep a copy.

2.4. These GENERAL CONDITIONS do not govern the sale of products or services provided by third parties accessible through links, banners or other hyperlinks on the SITE, for which the SELLER assumes no responsibility.

2.5. The SELLER reserves the right to amend these GENERAL CONDITIONS at any time. Any changes shall take effect from the date of publication on the SITE.

2.6. Purchases made on the SITE are governed by the General Conditions in force at the time the order is submitted.

ART. 3 – PRODUCT INFORMATION

3.1. Before concluding the purchase contract, the CUSTOMER must review the essential characteristics of the PRODUCTS as described in the relevant product sheets available on the SITE.

3.2. Images on the SITE are for illustrative purposes only. The SELLER shall not be liable for non-material differences (including, by way of example, colour or packaging) between the images and the purchased PRODUCTS.

3.3. Unless otherwise stated, the PRODUCTS sold on the SITE are new and compliant with applicable European and Italian legislation.

ART. 4 – ORDERING PROCEDURE

4.1. To place an order, the CUSTOMER must follow the procedure described on the SITE (also available in English).

4.2. The CUSTOMER selects the format and quantity of each PRODUCT and adds them to the “Cart”. The Cart may be modified until the order is submitted.

4.3. At checkout, the CUSTOMER will see a summary of the PRODUCTS, prices and total amount including taxes, and will be asked to provide an e-mail address and shipping details.

4.4. The CUSTOMER selects the shipping method and reviews the order summary before proceeding to payment.

4.5. The CUSTOMER must accept the GENERAL CONDITIONS, select a payment method and submit the order by clicking “Pay now”. Submission of the order implies the obligation to pay the stated amounts.

4.6. By submitting the order, the CUSTOMER confirms acceptance of these GENERAL CONDITIONS, which shall become binding upon order acceptance by the SELLER.

ART. 5 – CONCLUSION OF THE CONTRACT

5.1. The sales contract is concluded when the SELLER sends the order confirmation e-mail to the CUSTOMER.

5.2. The CUSTOMER must verify the accuracy of the order details and promptly notify any corrections.

5.3. The SELLER reserves the right to accept the order within 4 working days. If no confirmation is sent, the order is deemed rejected and any payment refunded.

ART. 6 – PRODUCT AVAILABILITY

6.1. Product availability is indicative and subject to change.

6.2. In case of unavailability, the CUSTOMER will be informed and may confirm or cancel the order. Refunds will be issued within 14 working days.

6.3. The SELLER shall not be liable for damages arising from product unavailability.

ART. 7 – PAYMENT

7.1. Payments may be made only using the methods available on the SITE.

7.2. The CUSTOMER guarantees authorization to use the selected payment method.

7.3. Payment data are processed directly by the payment service provider.

ART. 8 – PRICES

8.1. Prices are expressed in Euros and include VAT. For shipments outside Italy, VAT may vary according to the destination country.

8.2. Prices may change at any time; the applicable price is the one in force at the time of order.

8.3. Shipping costs are excluded and borne by the CUSTOMER.

ART. 9 – DELIVERY

9.1. Delivery is made to the address provided by the CUSTOMER within the EU.

9.2. Delivery will occur within the time stated and no later than 30 days from order confirmation.

9.3. In case of delay, the CUSTOMER may terminate the contract and receive a refund.

9.4. Delivery is completed when the CUSTOMER acquires physical possession of the PRODUCTS.

9.5. Risk passes to the CUSTOMER upon delivery.

ART. 10 – RIGHT OF WITHDRAWAL

10.1. The CUSTOMER may withdraw within 14 days of receiving the PRODUCTS, without providing reasons.

10.2. Withdrawal must be communicated within the deadline.

10.3. The CUSTOMER may use the standard withdrawal form or send a registered letter.

10.4. Withdrawal releases both parties from contractual obligations.

ART. 11 – EXCLUSION OF WITHDRAWAL

11.1. The right of withdrawal does not apply to customized products or sealed products opened after delivery for hygiene reasons.

ART. 12 – CUSTOMER OBLIGATIONS IN CASE OF WITHDRAWAL

12.1. PRODUCTS must be returned within 14 days at the CUSTOMER’s expense.

12.2. PRODUCTS must be intact, unused and returned in original packaging.

12.3. The CUSTOMER is responsible for any loss in value due to improper handling.

ART. 13 – SELLER OBLIGATIONS IN CASE OF WITHDRAWAL

13.1. Refunds will be issued within 14 days, including standard delivery costs.

13.2. Refunds will be made using the original payment method at no cost to the CUSTOMER.

13.3. The SELLER may withhold the refund until the PRODUCTS are returned.

ART. 14 – EVIDENCE AND RECORD KEEPING

14.1. Contracts will be archived by the SELLER.

14.2. Records ensure transaction traceability.

14.3. Electronic tracking systems constitute valid evidence.

ART. 15 – LEGAL WARRANTY

15.1. PRODUCTS shall conform to the order confirmation.

15.2. The SELLER is liable for defects within 24 months of delivery.

15.3. Defects must be reported within 2 months of discovery.

15.4. Defects appearing within 6 months are presumed to have existed at delivery.

15.5. Proof of purchase must be retained.

15.6. The CUSTOMER may request repair or replacement.

15.7. If remedies are unavailable, the CUSTOMER may request a price reduction or contract termination.

ART. 16 – LIABILITY

16.1. The SELLER is not liable for force majeure or internet service failures.

16.2. The SELLER is not responsible for third-party websites linked to the SITE.

ART. 17 – PERSONAL DATA

17.1. Personal data are processed in accordance with the applicable privacy policy available on the SITE.

ART. 18 – COMPLAINTS

18.1. Complaints must be submitted via the online form or by registered mail, detailing the issue.

ART. 19 – ACCESS TO THE SITE

19.1. All SITE content is protected by intellectual property rights.

ART. 20 – APPLICABLE LAW AND JURISDICTION

20.1. These GENERAL CONDITIONS are governed by Italian law.

20.2. Mandatory consumer protections of the CUSTOMER’s country of residence remain applicable.

20.3. Jurisdiction lies with the court of the CUSTOMER’s residence or domicile.

20.4. The European ODR platform is available at http://ec.europa.eu/consumers/odr.