pasta gustosa
TERMS OF SALE
GENERAL CONDITIONS OF SALE PURSUANT TO LEGISLATIVE DECREE 206/2005 (CONSUMER CODE)
These general terms and conditions of sale apply to all orders and all purchases of "Pasta Gustosa" brand products made by users who qualify as "Consumers" under the Consumer Code, on the website www.pastagustosa.it (hereinafter, the "Site"), owned by Gluten free foods s.r.l, headquartered in Gravina in Puglia, via Einstein, 7 (hereinafter, "The Supplier") and with registered office in Gravina in Puglia, via Corsica 2/b, VAT No. 07421790721. The products offered for sale on the Site (hereinafter, the "Products") are sold directly by Gluten free foods s.r.l. : Vendor Vendor
These Terms and Conditions of Sale may be modified at any time, subject to publication on this Site and will apply exclusively with reference to Orders placed after such publication date.
For any information regarding orders, shipments and, more generally, purchases, you can contact Consumer Services at the following numbers:
Phone: +39 080 325 4176
Hours: Monday through Friday from 8:00 a.m. to 6:00 p.m.
Mail: through the footer of the site www.pastagustosa.it (on all pages)
All trademarks, names, distinctive signs, names, domain name of the Site, images, photographs, content and text published on the Site or relating to the Products are and remain the exclusive property of Gluten free foods s.r.l and/or its assignees.
1. Acceptance of the general conditions of sale and conclusion of the contract
1.1 The contract entered into between the Seller and the Customer (i.e. the person, adult natural person, who makes the purchase on the Site, not referable to his own commercial, entrepreneurial or professional activity) shall be considered concluded with the acceptance, even if only partial, of the Order by the Seller.
In the case of non-acceptance of the Order, the Seller will in any case promptly notify the Customer.
1.2 By placing an order according to the procedure indicated on the Site (hereinafter the "Order"), the Customer declares that he/she has read all the indications provided to him/her during the purchase procedure and fully accepts these general terms and conditions of sale (hereinafter the "Terms of Sale") which will therefore govern the relationship between the Seller and the Customer and that he/she has read and understood the information on the processing of personal data published on the Site.
1.3 These Conditions of Sale may be printed or saved on a durable medium, in accordance with the provisions of Article 12 of Legislative Decree 70/2003 and Article 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
2. Mode of purchase and object of the contract
2.1 The Products offered for sale are only those present on the Site at the time of placing the Order, as described in the relevant information sheets concerning also the possible methods of customization and adaptation to the Customer's requests within the sales options offered on the Site.
2.2 It is understood in any case that the images accompanying the descriptive sheet of a product are for information purposes only and may not be perfectly representative of its characteristics but may differ from the product offered to the public (also due to the browser and monitor used to access the Site and view the images), taking into account in particular the fact that some Products offered for sale on the Site may be customized or adapted due to the specific characteristics chosen by the Customer.
2.3 In order to place an Order, the Customer must fill out the relevant form on the Site in its entirety and submit it after carefully reviewing the Conditions of Sale, as well as the characteristics of the Product and/or Products that he/she intends to purchase and (where permitted) customize.
The Customer may request the issuance of the invoice no later than the time of sending the Order.
2.4 The correct receipt of the Order is confirmed by the Seller by means of an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will summarize the conditions of purchase, as required by applicable regulations, as well as the data entered in the Order by the Customer, so that the same can verify the same and, if necessary, communicate without delay the necessary corrections of incorrect data. Such communication will not, however, constitute automatic acceptance of the Order.
The Seller reserves the right to refuse Orders that are incomplete and incorrect or from Customers with whom a dispute is pending regarding payment of a previous Order or if the Products presented on the Site are no longer available at the time of the Order. In such cases, it will be the Seller's responsibility to notify the Customer, providing a refund of the price already paid by the Customer.
Also through this identifier, the Customer will be able to track the fulfillment of the Order.
2.5 No registration of the Customer in the Site is required for the purpose of the completion of the contract.
2.6 Unauthorized Activities. By way of example only, Customer may not: upload, distribute, or otherwise publish through the Site any content that is libelous, defamatory, obscene, threatening, invasive or invasive of privacy or publicity rights, offensive, racially, otherwise insulting, illegal, or that may constitute or encourage a crime, violate the rights of others, or promote violations of law; disseminate unsolicited or unauthorized advertising or promotional materials; use bots, software, or other automated means to access the Site; take any action that imposes an unreasonable or disproportionate load on the Seller's infrastructure; alter the opinions or comments posted by others on the Site; post content that is contrary to the image and reputation of the Seller. Uploading, distributing, or posting commercial content to the Site is prohibited. Seller/Supplier reserves the right to (a) terminate Customer's access and/or ability to post Content (or use the Services) on this Site and (b) reject, delete or remove any Submission, with or without cause and with or without notice, for any reason. Seller/Supplier may report to the appropriate authorities any actions that may be illegal and any reports received regarding such conduct. Customer agrees to indemnify and hold Seller/Supplier harmless for any damages, demands, claims or liability that may arise from Customer's use of the Site or anyone using Customer's credentials.
3. Pricing and Payment Methods.
3.1 The prices indicated on the Site are to be considered inclusive of tax charges and VAT, limited to Products shipped and delivered in Italy.
Any shipping costs or payment charges are in any case communicated in advance to the Customer through the Site or the Terms of Sale.
Prices are quoted in Euros.
The prices of the Products may be subject to updates and changes.
3.2 The following payment methods are provided:
(A) Paypal
For payment, the Paypal circuit may be used by the Customer under the access conditions provided for the use of this payment channel.
(B) Credit Card
In cases of purchase of the goods with credit card payment method, the transaction may take place through the secure server provided by Editor X assigned depending on the location or method of payment of the user through one of the third parties indicated at this address: https://support.wix.com/en/article/requesting-additional-payment-providers-methods.
Under no circumstances and at no stage of the payment, the Seller will be able to know the Customer's credit card information, transmitted via secure connection directly to the site of the banking institution handling the transaction.
No computer file of the Seller will retain such data and therefore in no case the Seller, can be held responsible for any fraudulent and improper use of credit cards by third parties at the time of payment.
The Seller reserves the right to request from the Customer additional documents proving the ownership of the credit card; in the absence of sending the documentation, the Seller reserves the right not to accept the Order. The security of transactions is guaranteed by a data encryption system (SSL) and direct, protected and certified connections.
In any case, commissions and bank charges are borne by the Customer according to the contractual conditions in place with their bank.
(C) Apple Pay alle condizioni d’uso del servizio predisposte dal provider.
(D) Bank transfer
In cases of purchase of goods with bank transfer payment method, after sending the Order, the Customer will receive a confirmation email indicating the bank details where to make the payment.
The payment must be credited in the systems of the Seller within 10 days after receipt of the email containing the details for the execution of the transfer.
In the event that the Seller does not receive the transfer within 10 days of receipt of the email bearing the details for the execution of the transfer, the order will remain suspended for an additional 5 days, after which it will be automatically cancelled.
The Seller may send payment reminders to the Customer within ten (10) days after placing the Order.
The Seller reserves the right to ask the Customer for additional documents proving payment by bank transfer; if the documents are not sent, the Seller reserves the right not to accept the Order.
4. Shipping, delivery of the Products and related expenses
4.1 The Products purchased on the Site will be shipped to the address indicated by the Customer in the Order in approximately 10 working days and within a maximum of 30 working days from the date of acceptance of the Order by Gluten free foods s.r.l..
During the period of sales, promotions (e.g. 'Black Friday') or holidays, shipments may take longer also due to possible customization activities.
The estimated time for delivery in Italy from the date of shipment, through primary carrier chosen by Seller, is approximately 3/4 working days (excluding, therefore, Saturdays, Sundays and local or national holidays) excluding remote areas.
Under no circumstances shall the delivery period be considered essential within the meaning of Article 61 of Legislative Decree 206/2005.
The Supplier/Seller shall not be liable for any delays due to force majeure beyond its control.
Delivery of certain products sold on the Site, in addition to Italy, is currently guaranteed in the following EU countries: France, Spain, Germany, Austria, Principality of Monaco, San Marino, Vatican City and Luxembourg, under the terms and conditions indicated when the Products are placed in the shopping cart.
For information on the possibility and methods of shipping to countries other than those listed above, the Customer may contact the Consumer Service of Gluten free foods s.r.l/ Pasta Gustosa. In any case, the Seller reserves the right to accept or not accept deliveries requested outside European borders.
In the case of deliveries to be made outside Italian borders, shipping costs, delivery methods and times may vary. Any additional charges, costs, taxes and/or duties provided for by the country of delivery of the Products will also be the sole responsibility of the Customer.
4.2 The delivery times indicated above are to be considered purely indicative and a delay with respect to the same, or any delivery made by successive split shipments shall not entitle the Customer to refuse the same delivery and to claim compensation or indemnity.
4.3 Upon delivery of the Products, the Customer shall check:
- that the number of packages being delivered corresponds to the number indicated in the transport document;
- that the packaging is intact, not damaged, nor wet or otherwise altered, including the sealing materials (adhesive tape or strapping).
Any damage to the outer packaging, must be immediately reported to the Courier by asking it to make a specific indication on the delivery document of the Product, and immediately contacting the Consumer Service through the channels indicated above. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported promptly and in any case no later than two months after the discovery of the defects or flaws, under penalty of forfeiture, by contacting the Consumer Service.
4.4. In the event that the Customer, without reasonable cause, postpones delivery, or delays receipt of delivery after notice from the Courier that it has attempted delivery to the Customer of the Products ordered, or in the event that the Customer has provided an incorrect delivery address resulting in the failure of delivery, the Products will be returned to sender and the Seller will be relieved of all liability in this regard.
5. Right of Withdrawal - Exclusion
The Customer may withdraw from the contract within 30 (thirty) days from the date of receipt of the Products ordered, limited to the Product(s) not customized or adapted on the basis of the Customer's requests, by contacting the Consumer Service to be instructed on the procedure to be followed. The refund of the relevant price paid by the Customer will be made by the Seller using the same method of payment used by the latter when placing the Order, subject to the receipt of the Products to be returned by the Customer and subject to the integrity of the same. Products that are returned incomplete, ruined, damaged, deteriorated will not be refunded.
The right of withdrawal is excluded with reference to Products customized or adapted according to the Customer's requests (where applicable), as well as in case of food products at risk of rapid deterioration or expiration or in case of opening by the Customer of the sealed package containing food Products, in view of the related hygienic risks, pursuant to Article 59 paragraph 1 letter c) and e) of Legislative Decree 206/2005 (so-called 'Consumer Code').
This is without prejudice in any case to the dispute by the Customer in the event of discrepancies between the Products and what was ordered, in particular with reference to recognizable defects present at the time of delivery. In such cases, The Customer may request the termination of the contract and the refund of the amount paid or, alternatively, the replacement of the product by contacting the Consumer Service. It is understood that a product is to be considered free from defects if, at the time of delivery, it has the agreed quality and, in particular, if it is suitable for the use for which it is intended under the contract and/or its quality is that normally present in articles of the same type. In any case, defects of conformity resulting from damage due to accidental facts or from the Customer's responsibility for use not in accordance with the intended use of the product are excluded.
In any case, conformity defects resulting from damage due to accidental events or from the Customer's responsibility are excluded from the legal warranty.
6. Complaints and requests for information
Any complaints or requests for information may be addressed to the Consumer Service (customer care) at the contact details indicated above.
7. Privacy
7.1 The Customer's personal data and, if applicable, those of the recipient of the Order, (hereinafter "Personal Data") are processed by Gluten free foods s.r.l., as the Data Controller, and as the Data Processor (ex art. 28 GDPR).
7.2 The Data Controller and the Data Processor process Personal Data for the purpose of executing the contract to which the Customer is a party or to execute pre-contractual measures taken at the Customer's request.
7.3 Further information regarding the processing referred to in paragraph 1 above may be requested by the Customer, and possibly by the recipient of the Order, by contacting the Data Controller and the Data Processor at the contact details indicated in the privacy policy https://pastagustosa.it/privacy
7.4 For more information concerning the processing of the Customer's Personal Data, and possibly the recipient of the Order, please see the privacy policy, also available at: https://pastagustosa.it/privacy
8. Applicable law and competent court, alternative dispute resolution mechanisms to jurisdiction
8.1 The contract of sale referred to in these Terms of Sale and the execution thereof shall be governed by Italian law, with the disapplication of the conflict rules and the United Nations Convention for the International Sale of Goods. The court of the consumer's municipality of residence shall be competent for the resolution of related disputes (Article 63 of Legislative Decree 206/2005).
8.2 According to Article 49 paragraph 1 letter V of Legislative Decree September 6, 2005 No. 206 (Consumer Code), the Customer may make use of the Joint Conciliation Procedure. The Procedure may be initiated if the consumer after submitting a complaint to the company, within 45 days, has not received a response or has received a response not deemed satisfactory by him.
8.3 Pursuant to Article 66 quater of Legislative Decree 206/2005, the Customer is informed that in case of a dispute he/she may file a complaint through the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from contracts of sale or online services out of court.