TERMS AND CONDITIONS OF SALE
The goods and services covered by these general conditions are offered for sale by “PASTIFICIO LA SFOGLIA D ‘ORO” DI BASTARDI ANTONIO Via Monte di Pruno, 5 84020 – Palomonte (SA), registered with the Chamber of Commerce of Salerno – tax code and VAT number 03126440654, hereinafter referred to as La Sfoglia D’Oro.
Art. 1 Definitions
1.1. The term “online sales contract” means the purchase and sale contract relating to the Supplier’s movable tangible assets, stipulated between them and the Buyer as part of a remote sales system through telematic tools, organized by the Supplier.
1.2. The term “Buyer” means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The term “Supplier” means the person indicated in the epigraph or the person providing the information services.
Art. 2 Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible assets indicated and offered for sale on the pastificiolasfogliadoro.it website via telematic tools.
2.2. The products referred to in the previous point are illustrated on the web page: https://pastificiolasfogliadoro.it/pasta-catalog/?lang=en
Art. 3 Methods of stipulating the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet through the Buyer’s access to the address pastificiolasfogliadoro.it, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods referred to in point 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog at pastificiolasfogliadoro.it/carrello and the subsequent submission of the form / module itself, again after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the purchased goods, the shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Art. 5 Methods of payment and refund
5.1. Any payment by the Buyer can only be made by means of one of the methods indicated by the Supplier on the appropriate Payment Methods web page.
5.2. Any reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 12, point 2 et seq. of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
Art. 6 Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time the goods are offered.
6.2. Shipping times may vary from the day of the order to a maximum of 5 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this period, the Buyer will be promptly notified by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and highlighted at the time of payment.
Art. 7 Prices
7.1. All sales prices of the products displayed and indicated on the pastificiolasfogliadoro.it website are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The sales prices, referred to in the previous point, include VAT. Any customs clearance costs are not included.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
Art. 8 Availability of products
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3. The Supplier’s computer system confirms the successful registration of the order as soon as possible by sending the User a confirmation by e-mail, in accordance with point 4.2.
Art. 9 Limitation of Liability
9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he has adopted all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case can the Purchaser be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
9.6. The Supplier undertakes to implement the rules relating to the correct conservation of the product, in general the quality standards relating to the Products only up to the time of delivery at the place indicated by the Buyer; any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points authorized by the Purchaser is excluded.
9.7. The Provider assumes no responsibility for content created or published on third party sites with which the Website has a hypertext link (“link”). The Buyer who decides to visit a website linked to the Website does so at his own risk, assuming the burden of taking all necessary measures against viruses or other malware.
9.8. The Registered Buyer acknowledges and accepts that all the Products indicated in the order sent and accepted by the Supplier may not be delivered sporadically. In this case, the Supplier will promptly reimburse the amounts relating to the Products ordered and not delivered and cannot be held responsible for any further loss and / or damage suffered due to non-delivery.
9.9. For each order placed Pastificio La Sfoglia D’Oro will issue a specific receipt or an electronic invoice in the event of an explicit request. The data provided by the Registered Buyer at the time of the order will be included in the relevant receipt / invoice, it being understood that no changes will be possible following the issuance of the receipt / invoice itself.
Art. 10 Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10.1. Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. .
10.2. The aforementioned request, by the Injured Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
Art. 11 Obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the contract.
11.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
11.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Art. 12 Right of withdrawal
12.1. Cases of exclusion of the right of withdrawal
Pursuant to art. 59, paragraph 1, lett. d) ed e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
- Goods purchased by a non-consumer customer and / or requiring an invoice;
- Assets that are likely to deteriorate or expire rapidly; is
- Sealed goods which cannot be returned for hygienic reasons or related to health protection and which 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 the Products that “risk deteriorating or expire rapidly” include all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and the protection of Users, the right of withdrawal is only applicable for Products purchased on the Website that can be returned to La Sfoglia D’Oro, intact in their respective seal, and put back on the market without danger to health. of consumers.
12.2. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
12.3. In the event that the Seller has not satisfied the information obligations on the existence, methods and times for returning or collecting the goods in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and runs from the day of receipt of the goods by the Consumer.
12.4. If the Purchaser decides to exercise the right of withdrawal, he must notify La Sfoglia D’Oro by e-mail to email@example.com. Our customer service will contact the buyer as soon as possible, advising him on the most suitable method for the return. The label to be affixed to the package for free returns will be sent by email within 5 working days. The Sfoglia D’Oro will not be responsible for the non-receipt of e-mails in the event of incorrect or non-functioning addresses; All returns (which must be perfectly intact and accompanied by the original packaging), must be made at La Sfoglia D’Oro, based in Palomonte (SA) 84020 in via Monte Di Pruno, 5, no later than 14 days (fourteen) from receipt.
12.5. The return of the goods must in any case take place at the latest within 14 (fourteen) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
12.6. The Supplier will refund the full amount paid by the Buyer free of charge within 48 hours of receipt of the goods.
12.7. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 13 Causes of termination
13.1. The obligations referred to in point 11.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision, warning or formal notice.
Art. 14 Protection of confidentiality and processing of the Buyer’s data
14.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree June 30, 2003, n. 196.
14.2. The personal and fiscal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activating its compare the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b, legislative decree 196/2003).
14.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
14.4. Personal data will be communicated, after signing a commitment to confidentiality of the data, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
14.5. The Buyer enjoys the rights set forth in art. 7 of the legislative decree. 196/2003, namely the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right . The interested party also has the right to object, in whole or in part:
i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
14.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
14.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
14.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters.
14.9. Anything sent to the email address (including electronic) of La Sfoglia D’Oro (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case La Sfoglia D’Oro cannot be attributed any responsibility for the content of the messages themselves.
Art. 15 Method of archiving the contract
15.1. Pursuant to art. 12 of the legislative decree. 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself according to criteria of confidentiality and security.
Art. 16 Communications and complaints
16.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: “” PASTIFICIO LA SFOGLIA D ‘ORO “DI BASTARDI ANTONIO Via Monte di Pruno, 5 84020 – Palomonte (SA)”, or sent via e -mail to the following address firstname.lastname@example.org or email@example.com. However, the Supplier recommends the registered letter A.R. to verify the delivery of the communication. The Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent.
Art. 17 Settlement of disputes
17.1. All disputes arising from this contract will be referred to the Salerno Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
17.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer’s place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Art. 18 Applicable law and reference
18.1. This contract is regulated by the Italian law.
18.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
18.3. Pursuant to art. 60 of the legislative decree. 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree no. 206/2005.
Art. 19 Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.
Art. 20 Changes to this page
The Data Controller reserves the right to make changes to these Terms and Conditions at any time.
Last modification: March 17, 2021