The Users’ personal data will be processed in compliance with Personal Data Protection Code and GDPR and, in particular, in compliance with the principles of necessity, lawfulness, transparency and fairness, accuracy, integrity and confidentiality, proportionality of the data processing and data minimization.
The data controller is Ventuno S.r.l., VAT no. 09161350963, with registered office in via Trezzo D’Adda, 9, 20144-Milano; e-mail address: email@example.com (“Data Controller” or “Ventuno”).
Ventuno collects and processes personal data specifically and voluntarily provided by Users. “Personal data” shall mean information relating to a person such as name, surname, shipping address, city, e-mail address.
Ventuno does not process sensitive data, defined as personal data suitable to reveal the racial and ethnic origin of Users, their religious, philosophical or other beliefs, political opinions, membership of political parties, trade unions as well as personal data disclosing health information and information about users’ sex lives. Users shall not transmit sensitive data through the Website.
Computer systems and software procedures in charge of the correct functioning of the Website may collect, during their normal activity, some Personal data, whose transmission is implicit in internet communication protocols. This type of information is not collected in order to be linked to identified subjects, but for its own nature, through processing and in combination with third party data, it might be able to identify the Users. Such types of data include, among others: IP addresses relating to the computer used to access the Website, URI (Uniform Resource Identifier) addresses of the requested resources, time of the request, procedure used to forward the request to the server, the size of the answered file, the numeric code that points the condition of the server’s answer (successful, error etc.) and any other parameter relating to the Users’ operating system. This type of data is used with the only purpose of gathering statistic and anonymous information on the usage of the Website and to assure its correct functioning and are immediately erased after the processing. The above mentioned data could be used to determine eventual criminal liability arising from computer crimes.
Ventuno collects and processes Personal data voluntarily provided by the Users to carry out all the activities relating to the sale of Products via the Website and to answer specific requests of the Users. Particularly, the Users’ Personal data may be used to:
In principle, should Users choose not to provide Ventuno with Personal data and/or consent, there would be no detrimental consequences. However, in certain circumstances, if the User does not provide Personal data and/or give consent to the processing of such Personal data, Ventuno will be unable to operate and perform the services provided by the Website and/or requested by the User.
With particular reference to the data processing for the purposes listed in Article 3 above, letters a)-d), please note that the processing of your Personal data is necessary in order to allow Users to access Ventuno services, receive the requested information and purchase Products through the Website. The processing for the purposes listed in Article 3 above, letter g), is carried out to comply with legal obligations and/or to defend Ventuno in event of litigation.
Furthermore, the use of Users’ Personal data may be based on their consent, where expressly given to Ventuno for the purposes under Article 3, letters e) and f). If the User does not give the explicit consent to these purposes, he/she will not receive any promotional and marketing communications. Failure to give consent for these additional purposes shall not prevent Ventuno from providing the services/information requested by the User.
Regarding the use of Personal data based on the Users’ explicit consent (see the above letters e) and f) of Article 3), Users can unsubscribe at any time when they receive a communication, by clicking on the link at the bottom of the communication or by contacting Ventuno at the following contact details firstname.lastname@example.org.
Processing is carried out through the following operations or set of operations: collection, recording, organization, storage, consultation, treatment, alteration, selection, retrieval, comparison, use, interconnection, blocking, disclosure, cancellation and destruction of Personal Data.
Ventuno processes the aforementioned Personal data via electronic and non-electronic means.
Ventuno may share Users’ Personal data with service providers that support the company in the functioning and provision of services related to sales carried out via the Website, only for the specific purposes of providing such services. Particularly, Ventuno may share users’ Personal data with:
Ventuno will not sell Users’ Personal data nor disclose them, unless is provided by applicable law and/or by orders from judicial/administrative authorities and/or because of investigations on suspected or actual illegal activities.
Considering the extent of the activities carried out by Ventuno, User’s Personal data may be transferred to servers located in the European Union.
In some cases, however, the transfer of Personal Data outside the European Economic Area, to countries such as China and Japan, may be necessary for the purposes of Article 3. In these cases, Ventuno will make such a transfer only after verifying the existence of the conditions established by Regulation (EU) 2016/679 for the legitimate transfer to third countries or international organizations (Articles 44 et seq.). In particular, any such transfers abroad may take place to countries outside the European Union for which the European Commission has decided, pursuant to Article 45 of Regulation (EU) 2016/679, that the laws of these countries in force guarantee an adequate level of protection of personal data. In the absence of such a decision by the European Commission, Personal Data may only be transferred to non-EU countries after Ventuno have adopted adequate safeguards, in accordance with Article 46 of Regulation (EU) 2016/679, e.g. by adopting standard contractual clauses established by the European Commission.
The Personal data provided to Ventuno is only kept as long as it is reasonably necessary for the purposes indicated at the above Art. 3, taking into account Ventuno’s need to comply with contractual obligations, resolve customer service issues, comply with legal requirements and provide new or improved services to Users.
This means that, after Users stopped using the Website, Ventuno may retain Users’ Personal data for a reasonable period strictly necessary to comply with rule on civil legislation and on tax and fiscal matters. After this period, the Personal data will be deleted from all systems of Ventuno. If the User has expressly given his/her consent to treatments under Article 3, letter e) and f), the User’ Personal data will be retain for a period of 24 months after the User’ registration in order to promote the Products and services of Ventuno, in accordance with the consent expressed by the User.
Ventuno is committed to ensuring the security and integrity of Personal data. To this end, Ventuno has adopted reasonable physical, electronic and managerial procedures to safeguard Personal data of users to avoid Personal data loss, or their incorrect or unlawful use and non-authorized accesses.
However, due to the nature of Internet communications, Ventuno cannot guarantee or warrant that the transmission of Personal Data to Ventuno through the Website is secure, where external factors occur.
Even if Ventuno can help users to protect their Personal data, each User is responsible for the protection of her/his log-in details to access to reserved area of the Website.
The right to object to the processing of the data for direct marketing purposes through automated means of contact extends also to the processing of the data through non-automated means.
To exercise their rights and for any questions or requests concerning the processing of Personal data by Ventuno, Users may contact: email@example.com.
1.1. The Site is owned, managed, maintained and updated by Ventuno S.r.l., a company established under the laws of Italy with registered office in Via Trezzo D’Adda no. 9, 20144 Milan, VAT no. 09161350963, enrolled in the Milan Company Registry with no. 2073353, e-mail address firstname.lastname@example.org (“Ventuno”).
2.1. The Site and all its content (hereinafter also “Contents” or individually “Content”) such as, for example, logos, trademarks, images, icons, diagrams, photos, illustrations, text, videos and in general, audiovisual material in general, sounds, songs, software are owned by Ventuno or its licensors.
2.2 The Site and the Contents are protected by national and international legislation on copyright, registered trademarks and designs, software and domain name or other industrial and intellectual property rights.
2.3. The use of the Site is allowed exclusively for personal and private purposes, not for commercial ones. It is not permitted to reproduce, modify, publish, communicate to the public, broadcast, distribute, show, remove, delete, add or in any other way modify the Site, the Contents, as well as to create work inspired by these ones, to sell them or participate in their sale, for purposes other than personal and non-commercial ones.
2.4. Any other use of the Contents of this Site without Ventuno’s prior written authorization is strictly forbidden.
2.5. It is expressly forbidden to damage and/or limit and/or interfere with the functioning and/or the access to the Site or the Contents by third parties, as well as to use the Site and the Contents illegally or in such a way to cause damage to Ventuno, or to any other User of the Site.
3.1. The web pages the Site is composed of could allow the access, through special hyperlinks (hereinafter also “Links”), to other websites or resources available on the Internet. Ventuno shall not be held liable for the actual accessibility of third-party websites through the Links, nor for the contents or materials obtained by the Users through the above-mentioned websites.
3.2. Any possible Link to other sites and reference to information, products or services of third parties linked to this Site does not represent nor shall be interpreted in any way as an endorsement of the latter by Ventuno. Any questions or comments regarding the above-mentioned websites shall be addressed to the respective operators.
4.1. The User undertakes to:
5.1. Ventuno, to the extent permitted by the applicable law, does not provide any warranty, explicitly or implicitly, in connection to the Site and the Contents such as, including but not limited to, any warranty regarding safety from damaging software (i.e. malware or viruses of any sort including but not limited to file viruses, boot viruses, macro viruses and network viruses) or warranty of marketability or suitability for specific purposes.
5.2. Ventuno does not provide any warranty regarding the successful functioning of the Site or the use of its Contents.
5.3. Ventuno undertakes to use due diligence to keep the Contents of the Site under control and updated. In any event, the data can be modified after their publication on this website and new facts that are not relevant for the information published here may emerge. However, Ventuno does not provide any guarantee, explicit or implicit, on the completeness or accuracy of such Content.
6.1. With the exception of cases of fraud and gross negligence, Ventuno shall not be liable in any way for damages ensuing from the use of the Site and of the Contents by the User, as well as possible damages of any kind or nature, also connected to the loss of data, if ensuing for the User from the inappropriate or incorrect use of the Site or the Contents, or from unauthorized access or an alteration of the transmission or of the data of the User, or from statements or behaviors of any third party Ventuno is not responsible for under fraud or gross negligence.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the following clauses are expressly approved:
2 (Protection of copyright, trademark and of other industrial and intellectual property rights), 3 (Links to other sites), 4 (Obligations and responsibilities of the Users), 5 (Warranty exclusions), 6 (Limitation of liability), 7 (Governing law and jurisdiction)
1.1. These general terms and conditions of sale (“General Terms and Conditions of sale”) apply to the offer and distance sales of Products (as defined below) through the website www.ventunoitaly.com (“Site”).
1.3. Ventuno reserves the right to modify at any time these General Terms and Conditions. In any case, the General Terms and Conditions applicable to an Order are always the ones accepted by the Client at the time he/she submitted the Order.
1.4. For the purpose of the purchase of the Products through the Site, the Client guarantees: (a) to be over eighteen years of age or, in case of a minor, to be duly authorized by his/her legal representative; (b) to be a consumer, meaning a natural person acting for purposes unrelated to the commercial, artisanal, entrepreneurial or professional business he/she is possibly leading; (c) to own a valid credit card or PayPal account; and (d) that the information he/she provides himself/herself for the execution of the agreement is correct and truthful.
1.5. The agreement with Ventuno is drafted both in Italian and in English and in case of contrast the Italian version is to be given priority of interpretation. It is governed by Italian law, including the Legislative Decree of September 6th, 2005, No. 206 (“Consumer Code”), and the following amendments and integrations, and the Legislative Decree of April 9th, 2003, No. 70 (“Implementation of the Directive 2000/31/CE concerning certain legal aspects of the services of the information society in the internal market, with specific reference to e-commerce”).
2.1. The seller is Ventuno S.r.l., an Italian company with registered office at Via Trezzo D’Adda no. 9, 20144 Milan, VAT no. 09161350963, Milan Registry of Businesses registration no. 2073353, share capital Euro 10.000,00 (“Ventuno”).
3.1. Through the Site, the clients (hereafter “Clients” or individually, “Client”) have the possibility of purchasing a design “Mood” Box, containing a combination of high-quality traditional, organic or biodynamic products, packaged individually, produced by Italian companies selected by Ventuno following high quality and sustainability principles in respecting people and the environment (hereafter, the “Mood” Boxes will also be referred to as “Products”).
3.2. The “Mood” Boxes are available on the website www.ventunoitaly.com and come in different versions. If the Client is interested in purchasing individual products, he/she is kindly requested to contact the Ventuno team at the e-mail address email@example.com.
3.3. In case the “Mood” Boxes offered periodically were unavailable at the time of submission of the Order, the Client will be informed shortly by e-mail about the unavailability and the cancellation of the Order. In that case, the cancellation of the Client’s Order will happen automatically, at no charge to the Client.
3.4. The information regarding the Products is available on the Site and is provided in compliance to Articles 49 and 51 of the Consumer Code.
3.5. Ventuno attempts to provide details, descriptions and images of the Products appearing on the Site as accurately as possible at the time the aforementioned information is entered; however, to the extent permitted by applicable law, Ventuno does not warrant that such details, descriptions, images of the Products are accurate, complete, unfailing, up-to-date or devoid of error.
3.6. Ventuno reserves the right, with or without notice, to put on hold the shipment of the “Mood” Box in case, at its own discretion, it has reason to believe that the behavior of the Client could result in the violation of these General Terms and Conditions.
4.1. All the prices of the “Mood” Boxes displayed on the Site include VAT according to the current rates and are expressed in Euros.
4.2. Ventuno reserves the rights to modify the prices of the Product at any time. In such a case, the amended product will appear to the Client at the moment the Order is submitted.
A shipping fee is applied to every Order, the amount varies depending on the number of MOOD/MOMENTS boxes, their weight or the shipping destination. The amount of shipping costs is always indicated and visible at the time of the purchase. When the Client selects a destination country other than Italy, the price of the box is automatically updated. In any case, customs duties, where applicable, are charged to the Client. For further information on international shipments and customs restrictions for destinations other than Italy, please contact VENTUNO at firstname.lastname@example.org. The fulfillment of the Orders is handled with care and takes some time. VENTUNO commits to deliver the goods ordered for deliveries within 4 (four) working days in Italy, within 10 (ten) working days for deliveries to other EU Member States and within 15 (fifteen) working days for deliveries outside the EU. These delivery times refer to all orders successfully processed via electronic payment (Credit cards, Paypal).
4.3. Ventuno verifies regularly that all the prices of the “Mood” Boxes displayed on the Site are correct, without however guaranteeing the absence of any error. In case of acknowledgement of the publishing of an erroneous price, Ventuno will contact the Client to verify the willingness to purchase at the correct price or the desire to cancel the Order.
5.1. With the submission of the Order – which constitutes a contract proposal and implies the Client undertakes to pay the price of the Products of the Order – through the through the Site, the Client recognizes and declares to have read all information provided during the purchase process and to fully accept these General Terms and Conditions of Sale and the payment conditions described therein. The contract between Ventuno and the Client shall be deemed as concluded at the moment of acceptance of the Order by Ventuno. To purchase a “Mood” Box, the Client is guided in the process of Order submission by means of a series of simple instructions available on the Site. The Client can always correct the errors in the information he/she entered or cancel the entire Order before submitting said Order.
5.2. After the submission of the Order, the sale is concluded only at the time of acceptance by Ventuno, by means of an e-mail confirming that the Client’s Order has been received.
5.3. At the moment of shipping, the Client is to receive an additional e-mail containing a link. By clicking on the link the Client is able to track the shipping.
5.5. If the Client wishes to purchase multiple “Mood” Boxes to be delivered to different addresses or to add personalized messages, the Client should kindly contact the Ventuno team writing to email@example.com.
6.1. The Client can make the payment for the Products by credit card or Paypal. In order to make the payment, it is necessary to select the PayPal option and click on the button “confirm”. The Client will be then directed to the PayPal secure server, where it is possible to choose whether to pay with a PayPal account or as a guest with a personal credit card such as Visa, MasterCard, American Express. The latter does not require a PayPal account.
6.2. The price of the purchased Products shall be charged once the Order has been processed.
6.3. All credit cards are subject to validity check and need authorization by the issuer of the Client’s credit card. Ventuno is not to be held liable in case of delay or lacking delivery of the “Mood” Box due to denial or lack of authorization of the charge for any reason, before or after a payment is made.
7.1. The delivery is conditioned upon the successful completion of the payment and the shipping of the Box is done by international forwarding agent with delivery time ranging from 4 to 15 working days, depending on the destination.
7.2. All orders are processed and shipped by Ventuno. Ventuno undertakes to deliver the products at the address provided by the Client, within 30 days from the day following the submission of the Order. In case of failure to execute the agreement, Ventuno shall reimburse the amount already paid for the product, if any.
7.3. Should the Client find that he/she provided a wrong destination address, he/she is kindly requested to contact immediately the Ventuno team at firstname.lastname@example.org.
7.4. Any complaint by the Client is to be sent to the Ventuno legal head office at Via Trezzo D’Adda no. 9, 20144 Milan, or by contacting the Ventuno team at email@example.com.
8.1. The Client has the right to withdraw from the purchase agreement for whatever reason, without the need to provide explanations and without paying any penalty, with the exception of what is stated under point 2 below. In order to exercise such right, the Client shall send Ventuno a communication within 14 days upon receipt of the Products or in whatever moment before its receipt.
8.2 The right of withdrawal is regulated by the following conditions:
I. The right applies to the Product purchased as a whole, i.e. the “Mood” Box; therefore, in the event the Product is composed of many components or parts, it is not possible to exercise the right of withdrawal only with reference to part of the purchased Product.
II. In case of exercise of the right of withdrawal, Ventuno shall refund the Client of the whole price of the returned goods, including the shipping expenses where existing, within 14 days upon the date the withdrawal communication was received, with no prejudice to Ventuno’s right to suspend the payment of the refund until the goods are actually received. The refund shall made using the same method of payment used by the Client, except where the latter has not explicitly requested a different method.
III. The Product shall be returned in the same box they were delivered in and in sealed packs, with no openings or ruptures.
IV. The right of withdrawal is excluded in the following cases, pursuant to art. 59 of the Legislative Decree no. 21/2014:
Order of customized or clearly personalized Products;
Order of Products that risk deteriorating or quickly expiring;
Order of sealed Products that cannot be returned due to hygienic reasons or to reasons connected to the protection of health and that were opened after the delivery.
With reference to the cases of exclusion of the right of withdrawal listed above, the Client, in particular, is made aware of the fact and accepts that among the products that “risk deteriorating or quickly expiring” all foodstuff with expiry date of less than 14 days are included, because the characteristics and the qualities of such products may be altered also as a consequence of their non-appropriate conservation. Therefore, for hygienic reasons and for the protection of Clients, the right of withdrawal is exclusively applicable to the Products purchased on the Site that may be returned to Ventuno and put again on the market with no risks for the consumers’ health.
In the cases of exclusion of the right of withdrawal, Ventuno shall return the Client the purchased Products, and the latter shall pay the shipping expenses.
9.1. Pursuant to and in accordance with Articles 129 and following of the Consumer Code, Ventuno is liable towards the Clients for any lack of conformity existing at the time of delivery of the Product. In case of lack of conformity, the Client has the right to have the products brought into conformity, free of charge, by repair or replacement, or to an adequate reduction of the price or to the termination of the agreement, pursuant and in accordance with Article 130 of the Consumer Code. The Client forfeits these rights if he/she fails to complain to Ventuno about the lack of conformity within two months from the date of finding of the lack of conformity. Ventuno is liable if the lack of conformity manifests itself within two years from the delivery of the Product. The right to legal action arising from the lack of conformity expires, in any case, within twenty-six months from delivery of the Product, unless Ventuno maliciously concealed the lack of conformity.
10.1. The data the Client provides Ventuno with are essential in order to process the Order, deliver the Product, as well as for the invoicing and the warranties. Therefore, the lack of data delivery will imply the cancellation of the Order. By registering of the Site, the Client accepts providing Ventuno with true and correct information on himself/herself. The transmission of false information shall be considered as a breach of these General Conditions of Sale.
11.1. Any dispute concerning the application, execution, interpretation and breach of the purchase agreement shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the Client, or of the court of Milan if the Client’s domicile is abroad.
12.1. The Client may also apply for an alternative dispute resolution mechanism to solve any dispute relating to the consumer relationship with the competent bodies established by the Chambers of Commerce, pursuant and in accordance to the law of December 29th, 1993, no. 580, as well as to resort to the mediation procedure as per Legislative Decree 28/2010 and subsequent amendments, in compliance with the conditions provided for by the body chosen by the Client to administer the process, without prejudice to the possibility of engaging in voluntary and equal negotiation as provided for by Article 2, subsection 2, of the above-mentioned legislative decree, and of following the complaint procedures provided by the service charters.
13.1. These General Terms and Conditions, as modified from time to time, shall be applicable for the entire time of the offering of the products for sale on Ventuno’s Site.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the following clauses are expressly approved:
5 (Method of purchase); 6 (Method of purchase); 8 (Right of withdrawal); 9 (Lack of conformity); 11 (Jurisdiction), 12 (Alternative dispute resolution)