The Consumer Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by
Pasticceria di Scrivano Maurizio , based in Castiglione di Sicilia in Via Nazionale 137, 95012, registered with the Catania Chamber of Commerce in the Register of Companies with n. REA CT-261314, VAT number 03851100879, with the tax code SCRMRZ68S27H175S, hereinafter referred to as " Supplier ".
Art. 1 - Definitions
1.1. The expression "online sales contract" means the purchase and sale contract relating to the Supplier's movable tangible assets, stipulated between them and the consumer Buyer in the context of a remote sales system through telematic tools, organized by Supplier.
1.2. The term "Consumer 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. The "Business Buyer" is different, making purchases on behalf of 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 consumer purchases the movable tangible goods indicated and offered for sale on the website http://www.pastadimandorla.com remotely via telematic tools. The products referred to in the previous point are illustrated on the web page: http: //www.pastadimandorla.com
Art. 3 - Methods of stipulating the contract
3.1. The contract between the Supplier and the Consumer Buyer is concluded exclusively through the Internet through the access of the Consumer Buyer at the web address: http: //www.pastadimandorla.com/ where, following the indicated procedures, the Buyer consumer will come to formalize the proposal for the purchase of the goods the contract for the purchase of the 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 the web address: http: //www.pastadimandorla.com/ and the subsequent submission of the form / module itself, always after viewing a web page summarizing the order, printable, in which the details of the orderer and the order, the price of the purchased goods, 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 Purchaser consumer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the recalled data are also reported 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 reimbursement
5.1. Any payment by the Consumer Purchaser can only be made by means of one of the methods indicated in the specific web page by the Supplier.
5.2. Any reimbursement to the Consumer Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Consumer Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 et seq. of this contract, at the latest within 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 Consumer Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point
6.2. Shipping times may vary from the day of the order to a maximum of 7 working days from the confirmation of the same. In the event that the Supplier is unable to ship within this deadline but, in any case, within that indicated in the following point, prompt notice will be given to the Buyer by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and highlighted at the web address: http: //www.pastadimandorla.com/
Art. 7 - Prices
7.1. All sales prices of the products displayed and indicated on the website http://www.pastadimandorla.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
7.2. The sale prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any ancillary charges (e.g. customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the Buyer consumer and also contained in the web page summarizing the order placed.
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 shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer consumer 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 as soon as possible the registration of the order 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 disservices attributable to force majeure if he fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable towards the Consumer Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Consumer Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Consumer Buyer is only entitled to the full refund of the price paid and any charges. supported accessories.
9.4. The Supplier assumes no responsibility for any fraudulent or 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 taken all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances can the Purchaser consumer 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.
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.
10.6. The injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7. Damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Art. 11 - Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist:
a) they are suitable for the use for which goods of the same type are normally used;
b) they comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model;
c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling;
d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller by the latter at the time of the conclusion of the contract and which the Seller has also accepted for conclusive facts.
11.3. The Consumer Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. where the Supplier has accepted the request of the Purchaser consumer, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Consumer buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Consumer Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the request of the Consumer Buyer, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the sums previously paid to the Supplier.
Art. 12 - Obligations of the Consumer Buyer
12.1. The Consumer Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. The Buyer consumer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer consumer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Art. 13 - Right of withdrawal
13.1. The Buyer consumer has in any case 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 good.
13.2. In the event that the professional has not satisfied the information obligations on the existence, methods and times for returning or withdrawing the asset in case 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 starts from the day of receipt of the goods by the Consumer.
13.3. If the consumer Purchaser decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt to the address of Via Nazionale 137, 95012 Castiglione di Sicilia Fraz. Solicchiata CT or by e-mail to the e-mail info @ pastadimandorla.com provided that such communications are confirmed by sending the aforementioned registered letter with return receipt within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be valid between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the forwarder will be valid between the Parties.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) 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.
13.5. The Consumer Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case provided for by art . 55 of the Consumer Code.
13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them.
13.7. The Supplier will refund the entire amount paid by the Consumer Buyer free of charge within the term of 30 (thirty) days from receipt of the notice of withdrawal.
13.8. With the receipt of the communication with which the Purchaser consumer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
Art. 14 - Causes of termination
The obligations referred to in point 12.1, assumed by the Consumer Buyer, as well as the guarantee of the successful completion of the payment that the Consumer 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, are essential, 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 cc, without the need for a judicial decision.
Art. 15 - Protection of confidentiality and data processing of the consumer Purchaser
15.1. 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 30 June 2003, n. 196 *
15.2. The personal and fiscal data acquired directly and / or through third parties by the Supplier Pisani Srl, 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 towards him the procedures for the execution of this contract and the relative 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 (art . 24, paragraph 1, letter b, legislative decree 196/2003) **
15.3. The Supplier undertakes to treat the data and information transmitted by the Consumer 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 be exhibited only at the request of the judicial authority or other authorities authorized by law.
15.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Consumer Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) 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) the attestation 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 is proves impossible or involves the use of means that are 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.
15.6. The communication of personal data by the Buyer consumer is a necessary condition for the correct and timely execution of this contract. Failing that, the request of the Buyer consumer himself cannot be processed.
15.7. 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.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser consumer can address, at the company headquarters, any request ***
15.9. Anything sent to the e-mail address (including electronic) of the Center (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 the Center cannot be attributed any responsibility for the content of the messages themselves.
Art. 16 - Method of filing the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser consumer that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier according to criteria of confidentiality and security.
Art. 17 - Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Pasticcheria di Scrivano Maurizio Via Nazionale 137, 95012 Castiglione di Sicilia Fraz. Solicchiata CT, or sent by e-mail to the following address info @ pastadimandorla. com The Consumer Buyer indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier's communications to be sent.
Art. 18 - Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Florence Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same. 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. 19 - Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract are valid, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
Art. 20 - 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.
I ACCEPT THE ABOVE CONDITIONS
* Prescriptions of the Privacy Guarantor - art. 154, 1 c) of Legislative Decree 196/2003 - Simplification of certain public and private obligations with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Gazette of 1 July 2008, no. 152.
** General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette of 21 June 2007, no. 142.
*** "Unless the Company has appointed a manager in the person of Mr. They write Maurizio ”.