GENERAL SALES CONDITIONS
1. GENERAL SALES CONDITIONS
These general sales conditions (hereafter “General Conditions”) govern the purchase, made online at the website “www.palazzodivarignana.com” and "www.palazzodivarignanafood.com" (hereafter the “Website”), of the gastronomic products described in the website (hereafter the “Products”) in compliance with Italian legislation, including Leg. Decree no. 206/2005 and subsequent amendments and integrations (hereafter, “Consumer Code”) as well as the regulations concerning e-commerce (Leg. decree no. 70/2003).
If the subject making the purchases on the Website requires an invoice to be issued and/or in any case is not a “consumer or user” as defined under art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal provisions under art. 7 and 8 of these General Conditions will not apply nor will, more generally, the provisions that apply only to “consumers”, pursuant to the Consumer Code.
The seller of the Products and data controller of the Website is: Palazzo di Varignana S.r.l. with registered office in Via della Zecca, 2 40121 Bologna, and operating office in Via Cà Masino 611/A, 40024 loc. Varignana, Castel San Pietro Terme (BO), Tax Code/VAT reg. no.: 02658521204, Italy (hereafter “Seller”).
The user who accesses the Website to make purchases of Products (hereafter “Customer”) is obliged, prior to sending the order, to carefully read these General Conditions, which have been made available on the Website and can be consulted at any time by the Customer also through the link contained in the confirmation e-mail for each order to allow their reproduction and saving.
Only users of legal age can purchase the Products from the Website.
The General Conditions can be subject to changes. The text of the General Conditions will be promptly published on the Website. In any case, the General Conditions published on the Website will be applied and accepted at the time of making the order online.
2. PROCEDURE TO PURCHASE PRODUCTS
Customers may register on the Website. Registering is free of charge.
To register on the Website, a Customer must fill in the specific form, entering his/her name, surname, country, address (including the postcode), telephone number, e-mail address and a password.
Upon registering on the Website, the Customer will receive a confirmation via a specific e-mail.
By registering on the Website, the Customer can access a reserved and personal area to carry out the following activities, among others: follow the status of the Orders; view his/her order history; access support services; manage his/her personal details and change them at any time; use the dedicated services that may be activated from time to time.
- must expressly and fully accept these General Conditions by placing a flag in the specific box;
- may identify and correct any data entry errors by following the instructions on the Website.
By entering the Purchase order on the Website and sending it, the Customer declares and ensures to be of legal age and be fully able to act in relation to the drafting and execution of the purchase/sale contracts concerning the Products and to have read all the indications provided to him/her during the purchase procedure.
The contract entered into between the Seller and the Customer must be considered concluded with the sending of an order confirmation and acceptance e-mail as provided for by article 2.3 below.
2.3 ORDER ACCEPTANCE
The Order acceptance is communicated to the Customer via an e-mail to the e-mail address provided by the Customer during the purchase procedure on the Website. The acceptance of the order will contain these General Conditions, the order number, the shipment and invoicing details, the list of the Products ordered with their essential features and the overall price and the delivery expenses.
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 which it has a legal dispute underway; (II) a Customer which has previously breached the General Conditions; (III) Customers which issued false, incomplete or in any case incorrect identification details.
2.5 CHANGING AN ORDER
The Customer will check the confirmation e-mail and, if he/she identifies errors and wishes to make changes to the Order, he/she may do so by 24:00 of the same day of the Order (through the “Edit” function). After this term, the Order will be processed for shipment and changes to the order will no longer be accepted, without prejudice to the Customer’s rights under article 7 below.
The Seller may cancel the Order following unexpected logistical and organisational difficulties, informing the Customer via e-mail or, subject to agreement with him/her, may change the day and/or time of delivery.
3.1 FEATURES OF THE PRODUCTS
The features and the price of the various Products for sale on the Website are reported, together with the related codes, on the page relating to each Product. It remains understood that the purpose of the image of the Products is purely to present them for sale and may not perfectly represent their features and quality.
When choosing each Product on the Website, any booking restrictions are stated.
4 PRICES AND DELIVERY COSTS
All the prices of the Products published on the Website are expressed in Euros, include VAT but do not include delivery charges or any further, possible and subsequent additional charges and/or expenses and/or taxes, excise duties or other taxes that may increase the price of the Products as such additional charges and possible increases will be borne exclusively by the Customer.
Delivery costs amount to € 8.00 while delivery is free of charge for orders exceeding € 60.00 in Italy.
Delivery costs amount to € 14.90 while delivery is free of charge for orders exceeding € 79.00 in Germany.
The delivery costs are shown with VAT included at the time of the customer choosing the place of delivery and shown again in the confirmation of the Purchase Order.
5. METHOD OF PAYMENT AND INVOICING
5.1 PAYMENT METHODS
The Customer may pay the price of the Products and the related delivery costs as chosen by him/her Online with the credit cards indicated in the website.
5.2 INVOICING ORDERS
If the purchase is made by a professional, it will be possible to request the issue of an invoice by selecting the specific box during the order procedure and entering the invoicing details including the tax code and/or VAT reg. no. In this case the invoice will be sent via e-mail to the address provided. The professional is responsible for the correct entry of the invoicing details and he/she is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it afterwards.
If the Customer is not a “consumer or user” as defined under art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal provision under art. 7 of these General Conditions will not apply nor will, more generally, the provisions that apply only to the “consumers” pursuant to the Consumer Code.
6. SHIPPING AND DELIVERY
The Seller makes the delivery by using specialised carriers purposely entrusted by it, exclusively in the territories that can be seen at the time of choosing the place of delivery. At the time of accessing the website or of registering, the Customer is required to check the postcodes covered. The Products purchased on the Website will be delivered to the address specified by the Customer during the purchase procedure in the specific “Shipment Details” field.
For the delivery, the presence of the Customer or of a subject entrusted by him/her and authorised to receive the delivery, also in relation to the nature of the ordered Products, is necessary; the Customer expressly exempts the Seller from any related liability. The delivery will not be made if the Customer or the subject entrusted by him/her is clearly unfit to collect the Products due to his/her age.
Under no circumstance will be Customer be able to refuse the delivery of the Products purchased. Any complaints must be filed in accordance with the provisions of article 10.
At the time of delivering the Products, the Customer is obliged to check that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging must be reported in the consignment letter of the courier. Any Product defects or problems concerning one or more missing Products must be reported within 24 hours from the delivery, according to the methods specified under article 10 below.
7. RIGHT TO WITHDRAWAL
The Customer has the right to withdraw from the purchase contract for any reason, also partially, with no need to provide explanations and without any penalty, notwithstanding the cases of exclusion under point 7.3 (IV) below. To exercise this right, the Customer must send a communication to the Seller within 14 days from date of receiving the Products.
This communication must be made in advance by sending the specific form, downloadable here, via e-mail. Confirmation via registered letter with return receipt is required, addressed to Customer Support, within the next 48 hours.
The communication via e-mail:
- must be sent to the e-mail address: email@example.com;
- must contain in the subject the explicit reference to the RIGHT TO WITHDRAWAL and the order number;
- must contain as an attachment the confirmation of the order received.
The registered letter with return receipt 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), Italy
Having received the communication, Customer Service will open a file to manage the return and inform the Customer about the products for which the return is possible, applying the contents of paragraph 7.3 (IV) below.
Therefore the Customer must return the product at his/her own expense to the following address:
Palazzo di Varignana S.r.l.
Via Ca' Masino 611/A 40024
Varignana, Castel San Pietro Terme (Bologna), Italy
The right to withdrawal is governed by the following conditions:
I. The right applies to the purchased Product as a whole; therefore, should the Product be made up of more than one component or part, it is not possible to exercise the right to withdrawal only on part of the purchased Product.
II. If the right to withdrawal is exercised, the Seller will reimburse the Customer the entire amount of the returned Products, within 14 days from the date of receiving the notice of withdrawal, notwithstanding the Seller’s right to suspend the payment of the reimbursement until the actual receipt of the Products. The Customer is kindly asked to send the Products back without undue delay and in any case within 14 days from the day the withdrawal is notified. The time limit is respected if the Customer sends the Products back before the expiry of the fourteen-day period. The reimbursement will take place by using the same method used by the Customer, unless the latter expressly requested a different method. In case of wire transfer the Customer shall provide the bank details to obtain the reimbursement (account holder, name and address of the Bank and IBAN).
III. The Products must be returned in the same packaging in which they were received.
IV. The right to withdrawal is excluded in the cases under art. 59 of Leg. Decree 21/2014. Reported below in particular are the following exceptions to the right to withdrawal that are actually applicable to the sale of the Products:
- order of tailor-made or clearly personalised Products;
- order of Products liable to deteriorate or expire rapidly;
- order of sealed products that are not suitable for being returned for hygienic or health related reasons or that have been opened after delivery.
Excluded from the provisions on withdrawal are those customers that do not qualify as consumers or those customers that require the issue of an invoice with indication of their VAT reg. number.
8. LEGAL GUARANTEES
In case of lack of conformity for the Products, the Customer shall immediately contact Customer Service as specified under point 10 below.
If the Customer is not a “consumer or user” as defined under art. 3, paragraph 1, lett. a), of the Consumer Code, the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. Otherwise, the provisions of the Italian civil code regarding purchases and sales shall apply. The Customer has the right, at his/her own choice and provided the type of Product allows it, to restore, free of charge, the compliance of the Product by repairing it or having it replaced, to a suitable price reduction or to the termination of the contract. It remains understood in any case that the Customer is obliged, under penalty of forfeiture, to demonstrate the date when the fault was discovered and provide any element needed to identify such fault.
9. ERRORS AND LIABILITY LIMITATIONS
The Product-related information supplied through the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors, which the Seller cannot be considered liable for, except in case of intentional fault or serious misconduct.
The Seller reserves the right to correct the errors, inaccuracies or omissions even after an order has been sent, or to amend or update the information at any time without prior notice, without prejudice to the Customer’s rights pursuant to the General Conditions and the Consumer Code.
Except for intentional fault or serious misconduct, any right of the Customer to compensation or indemnity as well any contractual or non-contractual liability for direct or indirect damage to people and/or objects caused by the failed acceptance or processing of an order, including partial, is excluded.
10. CUSTOMER SUPPORT AND COMPLAINTS
To request information, send communications or lodge a complaint, please contact Customer Support as specified below:
- via e-mail sent to firstname.lastname@example.org;
A reply to the complaint will be sent via e-mail as soon as possible starting from the date when the complaint is received.
12. GOVERNING LAW AND JURISDICTION
The sales contract between the Customer and the Seller is deemed concluded in Italy and governed by Italian law. Exclusive jurisdiction to settle disputes regarding the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, is granted to the forum of his/her municipality of residence or domicile, if located in the Italian territory; in all the other cases, the Court of Bologna has exclusive territorial jurisdiction, any other possible competent forum excluded.
13. ONLINE CUSTOMER DISPUTE RESOLUTION (ODR)
The European Commission has made a tool dedicated to the alternative resolution of disputes available to all the Customers residing in Europe. The Customer may connect to the ODR digital platform managed by the European Commission at https://webgate.ec.europa.eu/odr
Pursuant to article 1341 of the Italian Civil Code the Customer declares to have read and to specifically accept the following articles of these General Conditions: Articles 2.4 Refusal and cancellation of the order; 2.5 Amendment and cancellation of the order; 6. Shipping and delivery; 7. Right to withdrawal; 8. Legal guarantees; 9. Errors and liability limitations; 10. Customer support and complaints; 12. Governing law and jurisdiction