- Premises and effectiveness of the general conditions
- These general conditions of sale (hereinafter, the “General Conditions“) have as their object the regulation of distance selling (hereinafter, the “Contract” or “Contracts“) of the products made available, via the internet, on the site www.caseificiogallone.com (hereinafter, the “Site“) in compliance with the provisions of the Legislative Decree no. 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code“).
- The owner of the Site is: Azienda Casearia Del Levante S.r.l., with registered office in Via Scuole Pie Amato, 1 / C , Ceglie Messapica (BR), CAP 72013, C.F. and VAT number: 02227830748, registered in ‘Imprese di Brindisi’, REA: BR-130172, e-mail address: in**@ca***************.com (hereinafter, the “Seller“).
- The consumer who accesses the Site to make purchases (hereinafter, the “Customer“) is required, before sending the order, to read these General Conditions made available to him on the Site and which will be available at any time by the Customer also through the acceptance e-mail for each individual order placed, pursuant to the provisions of the following article 14.4 of these General Conditions.
- In the event that the Customer requests the issuance of an invoice and / or in any case does not qualify as a “consumer” or “user” pursuant to the definitions set out in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations referred to in Article 10 of these General Conditions or, more generally, the relevant provisions of the Consumer Code applicable only to “consumers” or “users” will not apply.
- The Contracts concluded between the Customer and the Seller within the Site are governed by these General Conditions in compliance with the applicable Italian legislation. The language to conclude the Contract is Italian. In any case, even if the Site is to be translated into several languages, the Italian language will prevail and prevail for the purposes of concluding the Contract.
- Registration and security of communications
- The e-mail address provided by the Customer will be used by the Seller for all communications relating to the conclusion and execution of the Contract. The Customer accepts the validity of these communications for the purposes of the settlement of the contractual relationship, undertaking to frequently maintain the aforementioned address for the entire duration of the Contract. In the event that the e-mail address provided by the Customer should not be reachable for reasons not attributable to the Seller, the Seller cannot be held responsible in any way for any damage and / or communication defect with the Customer. The operations carried out through the e-mail address involve the automatic attribution of the operations carried out and requests made without any exception whatsoever.
- Customer service – complaints
- For any complaint in relation to the products for sale on the Site (hereinafter, the “Product” or “Products“), as well as the methods of delivery and / or shipping of the same and, more generally, for any information that may be makes it necessary in relation to one or more Products purchased and / or to be purchased as well as on the services offered on the Site, the Seller has prepared, for the benefit of the Customers, a dedicated assistance service, which can be consulted by sending a communication to the following electronic email address: in**@ca***************.com (hereinafter, the “Customer Service“).
- The Seller undertakes, in any case, to process without undue delay the communications received from time to time by the Customers and, within the term of 5 (five) working days starting from the date of receipt.
- Choosing and ordering the Products
- The characteristics and the price of the various Products are shown on the page relating to each Product.
- By sending the order through the Site, which has the value of a contractual purchase proposal addressed to the Seller, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these General Conditions. Upon receipt of the order, the Seller will send the Customer a message of acceptance of the order itself (hereinafter, the “Order Receipt“) which does not constitute acceptance of the purchase proposal. By sending the Order Receipt, in fact, the Seller only confirms that he has received the order and that he has submitted it to the data verification process and the availability of the requested Products. If only some of the Products ordered are not in stock or otherwise available, the Seller will process the order only for the part relating to the Products available. In the event of one or more Products missing, the information relating to the final debit or refund will be contained in the acceptance email referred to in Article 4.4 below and will vary depending on the payment method used. Only in the case of payment by credit card or PayPal, will authorization be requested for the exact amount of the shopping at the time of the order. During shipping, however, only the cost of the Products actually sent will be charged and any pre-authorized and unused amounts will be released or reversed on the payment method indicated by the Customer, according to the timing provided for by the payment method itself.
- The Contract between the Seller and the Customer must be considered achieved at the time of the confirmation receipt of the acceptance of the order by the carrier and will be concluded only when the Seller sends an e-mail confirming the order (hereinafter, the “Acceptance“) containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products with their essential characteristics and the total price, including the delivery costs. The Customer will check the Acceptance and, if he identifies errors within the same, he will have 12 hours to contact the Customer Service in the manner referred to in Article 3.1 of these General Conditions. After the aforementioned deadline, the order will be processed for shipment and no changes will be accepted, except for the Customer’s right of withdrawal, in the manner referred to in article 10 of these General Conditions.
- Information on the Products
- Information on the availability and characteristics of the Products, their price and estimated delivery times are available, with the relevant Product codes, within the Site.
- The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet for each individual Product. In this regard, the Customer expressly accepts that the shape and colors of the Products, once purchased, may differ from the images on the Site which are to be considered as merely demonstrative. It follows that, in the event of divergences between the image and the Product sheet, the description on the Product sheet always prevails, and such differences cannot be considered, in any case, as defects and / or lack of conformity, pursuant to and for the purposes of Article 11 of these General Conditions.
- Prices and Shipping
- The prices of the Products are expressed in Euros (€), unless otherwise indicated, and are inclusive of all applicable taxes and duties. Shipping costs are not included, which will be calculated on the basis of individual orders, unless otherwise specifically indicated in this regard, and which will always be charged to the Customer, unless otherwise indicated or in the cases referred to in articles 6.2 and 6.3 below.
- For shipments made in Italy, shipping is free for orders over €60; for orders lower than the aforementioned amount, the cost of shipping will be indicated during the purchase of the Products and in the relative Acceptance sent by the Seller.
- For shipments made in the EU, shipping is free for orders over 120 €; Extra UE to be quoted for single purchase; for orders lower than the aforementioned amount, the cost of shipping will be indicated during the purchase of the Products and in the relative Acceptance sent by the Seller.
- Methods of payment and invoicing
- The Customer may purchase the Products by credit card, bank transfer, Paypal, prepaid cards, Masterpass. The Seller reserves the right, at any time, to refuse the payment method indicated by the Customer during the purchase procedure and in this case an alternative payment method may be provided. It is understood that the Customer is exclusively responsible for the validity and use of the data communicated to the Seller, the latter undertaking to keep the payment data communicated by the Customer strictly confidential.
- The payment methods on which it is possible to purchase on the Site are as follows:
Paypal, Visa, Visa Electron, Mastercard, Maestro.
- To ensure maximum security within the Site, the Customer will carry out the transaction directly on the secure server provided by the reference credit institution or, in any case, on the relevant payment page which will guarantee market standards. The Site does not store the Customer’s credit card number or any other information. However, thanks to protected communication systems of the referenced credit institution, the Customer who desires to make a second purchase transaction through the Site – by selecting the appropriate option on the Site – can proceed with the purchase without having to re-enter your payment details. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client’s browser.
- In the event of payment by Paypal, once the order has been confirmed in the manner referred to in Article 4.4 above, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, or according to the methods accepted by Paypal in compliance with the relative terms and conditions.
- In the event of payment by bank transfer, the Customer must make the payment within 2 (two) working days, starting from the date of receipt of the Acceptance, pursuant to Article 4.4, to a current account in the name of:
Azienda Casearia del Levante s.r.l.
Bank: INTESA SAN PAOLO S.P.A.
Cause: the Customer must indicate the reason for the transfer with the date and order number, which can be found in the Acceptance (e.g. “Order 01/01/14 n. 100012345“).
In the event of non-payment within the aforementioned term, the order will be canceled and its content will be made available again for purchase on the Site by new Customers. The Customer who has not made the transfer may (but there is no obligation for the Seller to do so) be contacted by Customer Service, in order to be able to clarify whether the cause of the non-payment is attributable to the will of the Customer not to confirm the purchase or from other causes that have arisen.
- If the purchase is made by a Customer who qualifies as a professional, it will be possible to request the issuance of the relevant invoice by selecting the appropriate box and entering the billing data, including tax code and VAT number, in addition to the Univocal Code, where available . In this case, the invoice will be sent through the ‘Agenzia delle Entrate’ (Inland Revenue Office) system or, where not applicable, by e-mail to the address specified by the Customer. The Customer will have the sole responsibility for the correct insertion of billing data. In case of failure to request the invoice during the order phase, it will not be possible to request it at a later time. Likewise, in the event of incorrect billing information being communicated, the Seller will not be required to issue a new invoice, with relative credit note.
- Transport and delivery of the Products
- The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure, in the appropriate “Shipping Address” field.
- All purchases will be delivered by express courier (hereinafter, the “Courier“). It is understood, and the Customer expressly accepts that the Seller will not be responsible for unforeseeable delays and / or not attributable to his own conduct and, in any case, for direct and / or indirect damages caused by the delay in the delivery of an order and / or from the loss and / or damage of the same due to the Courier’s responsibility. Any dispute relating to losses and / or damage must be made directly to the Courier, in writing, at the time of delivery.
- Once the Products have been shipped, the Customer will receive an e-mail in which a link will be shared for tracking the relative shipment or, in any case, the shipment data will be made available.
- Except in the case of unforeseeable circumstances or force majeure, the Products will be delivered without undue delay and within 10 (ten) working days for deliveries in Italy, and 20 (twenty) working days for deliveries in the EU, starting from the day following that on which the Seller confirmed the order by Acceptance, pursuant to article 4.4 above.
- Delivery services active in Italy: Telephone ordering – Cash on delivery.
The service includes n. 2 delivery attempts at the shipping address indicated by the Customer at the time of the order. After each attempt, a non-delivery notice will be issued by the carrier. On the second unsuccessful delivery attempt, the Courier will contact the Customer by telephone at the telephone number indicated by the latter, in order to agree on a new delivery attempt. If the customer is not traceable or is absent, the goods will return to storage at the warehouse and all ancillary costs will be charged to the customer. In addition, if delivery is not possible for reasons attributable to the Customer, no claim can be made by the same in case of loss and / or non-usability of the purchased Product, due to its expiry and / or to the storage conditions of the Product.
- Delivery services active abroad: Telephone ordering – Cash on delivery
Shipments abroad can be made with different couriers depending on the country of destination, in order to ensure the customer the best available rate. The provisions of the previous point applies, mutatis mutandis and where possible.
Countries where the service is active: EU
- Cancellation or modification of the shipping address
- The Customer may cancel or request a change to the shipping address of the order within the deadline for accepting the order; after this deadline, the order will be processed and it will no longer be possible to guarantee the cancellation or modification of the shipping address indicated.
- The Seller reserves, in any case, the right to cancel the order in the event of unforeseeable difficult situations, in the event of unforeseeable circumstances or force majeure and, more generally, for reasons not attributable to it, informing without undue delay the Customer by e-mail, or, by agreement with the same, to change the date and time of delivery of the Products or, in the absence of agreement with the Customer, by reimbursing the amount paid by the Customer for the purchase of the Products, within the term of 60 (sixty) days from the relative request.
- Customer cancellation
- Pursuant to and for the purposes of the regulations referred to in the Consumer Code, the Customer has the right to withdraw without any penalty and without specifying the reason, except for the cases of exclusion provided for in articles 1.4 and 10.5 of these General Conditions, within the term 14 (fourteen) working days starting from the date of receipt of the Products, by sending at any time a written communication addressed to the Seller, by registered letter with acknowledgment of receipt or via certified email: az*****************@pe*.it, bearing the following heading:
c.a. Ufficio Resi e Rimborsi
Azienda Casearia Del Levante S.r.l.
Via Scuole Pie Amato, 1/C
72013 – Ceglie Messapica (BR)
or by e-mail to the following address:. in**@ca***************.com
- For the purposes of exercising the right of withdrawal, the Customer will be required to return the Products to the Seller without undue delay, in the same packaging in which they were received and bearing the relative shipping costs, within 14 (fourteen) days from from the date of the communication to the Seller of its intention to withdraw from the Contract. In any case, it is understood that the Customer will not be entitled to a refund in the event that the decrease in the value of the Products, in all cases of handling of the same, is equal to or greater than the share of 20% of the total net weight. and / or, in any case, to an extent greater than 20% of the volume of the related Product.
- Following the receipt of the Products, as well as the verification of the conservation status of the same, to be understood as an essential condition for the validity of the withdrawal, also pursuant to the provisions of the previous article 10.2 of these General Conditions, the Seller undertakes to refund of all payments received by the Customer, without undue delay and in any case within 30 (thirty) days from the date of effective knowledge of the Customer’s will to withdraw from the Contract, in the forms referred to in the aforementioned article 10.2. The refund referred to in the first period will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly communicated otherwise and on condition that the Seller does not have to incur any costs as a result of the refund. In case of bank transfer or cash on delivery, it will be the Customer’s responsibility to provide the bank details on which to obtain the reimbursement (account holder, name and address of the Bank and IBAN). It is understood, and the Customer expressly accepts, that the Seller will not be required to reimburse the additional costs, if the Customer has expressly chosen a more expensive type of delivery than that proposed by the Seller. In addition, no responsibility can be charged to the Seller for the delay of the refund due to the lack and / or delay in the communication of the relative data by the Customer.
- The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of several components, it will not be possible to exercise the withdrawal only with reference to a part of the purchased Product.
- In addition to the cases referred to in Article 1.4 of these General Conditions (Customer who is not a consumer and / or who requests an invoice), the right of withdrawal is also excluded, given the discipline of the exceptions referred to in Article 59 of the Consumption, in the case of (i) Products made to measure or clearly personalized; (ii) Products that are liable to deteriorate or expire rapidly; (iii) Sealed products which are not suitable for return for hygienic or health protection reasons and have been opened after delivery. In such cases, the Seller will return the Products to the Customer, charging the relative shipping costs to the Customer.
- With reference to the cases of exclusion referred to in the previous article 10.5, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expiring rapidly” include food products, as the intrinsic 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 customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to the Seller and put back on the market without any danger to the safety and health of consumers.
- Warranty for conformity defects
- The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the Contracts concluded between the Customer and the Seller, except for the cases of exclusion referred to in Article 1.4 of these General Conditions buying and selling within the Civil Code. In this regard, the Customer will be entitled, provided that the type of Product allows it, to restore, without additional costs, the conformity of the Product by replacing it or to an adequate price reduction or to a refund of the sum received for ” purchase, by issuing a voucher of the same amount, unless the conformity defects found are minor or the replacement of the Product is impossible or excessively burdensome. By “minor defects” must be understood, by way of example and not exhaustive, any imperfection related to the artisan manufacturing process of the Product such as not to alter the usability / edibility of the Product.
- In the cases referred to in point 11.1 above, the Customer is required to (i) keep the original packaging of the Product, including the seal and / or the cover and / or the lid and / or the original closing device and with at least 80% of the relative content, (ii) make a report to the Seller’s Customer Service, in the manner better specified in article 3.1 above and, in any case, within 2 (two) months, under penalty of forfeiture the rights referred to in this article, starting from the date of actual knowledge of the conformity defects of the Products and exposing, also through the use of images and / or video recordings, the discrepancies found. Once the report has been received, the Seller may arrange for a free collection of the Product, where it deems it necessary, in order to verify the actual state of conservation / usability / edibility of the Product, and, in any case, reserving the right to decide whether proceeds with the refund or replacement of the Product.
- Modification of the General Conditions
- The Seller reserves the right to modify these General Conditions at any time, due to the need for compliance with legal and / or regulatory provisions. The Customer will be subject to the policies and terms of the General Conditions in force from time to time when placing a new order on the Site. If any provision of these General Conditions is deemed invalid, null or for any reason inapplicable, this condition will not affect the validity and effectiveness of the other provisions.
- Errors and Limitations of Liability
- Without prejudice to the provisions of Article 5.2 above, the information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, the Seller will not be held responsible, except in the case of willful misconduct or gross negligence. It is understood, and the Customer expressly accepts, that access to the Site may occasionally be suspended or temporarily limited to allow for the necessary maintenance, repair and / or update work through the insertion of new Products.
- The Seller reserves the right to cancel any orders that it does not consider reliable and / or reliable, as well as to request, at its sole discretion, changes to the payment method chosen by the Customer. The Seller also reserves the right to correct any errors, inaccuracies and / or omissions even after Acceptance, or to modify or update the information, at any time and without prior notice, without prejudice to the Customer’s rights under the these General Conditions and the Consumer Code.
- Except in the event of willful misconduct or gross negligence, any claim of indemnity and / or compensation by the Customer in relation to, as well as any contractual or extra-contractual liability of the Seller for direct and / or indirect damages to persons and / or or things, caused by the non-acceptance or fulfillment, even partially, of an order by the Seller. The Seller will not be responsible for any delay and / or any non-fulfillment of the obligations set out in these General Conditions, if the delay or non-fulfillment derives from unforeseeable circumstances, force majeure or a cause not attributable to the Seller’s conduct.
- Intellectual and industrial property
- The Seller is the owner of all intellectual and industrial property rights with reference to the distinctive signs of the company, as well as any content published on the Site.
- All content present or made available through the Site in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, are the exclusive property of the Seller or its content suppliers and are protected by the regulations in force at national and international level on intellectual property and industrial law. It is not allowed to systematically extract and / or reuse parts and / or components and / or sections of the Site without the express written consent of the Seller. It is also prohibited to create and / or publish any database that reproduces substantial parts (e.g. prices and product lists) of the Site without the express written consent of the Seller.
- Any distinctive business mark present on the Site, including graphic material, logos, page headers, icon buttons, characters and service marks included or made available to the Customer are the exclusive property of the Seller. . The Seller’s trademarks and distinctive signs may not be used in relation to products or services other than the Seller’s, in such a way as to generate confusion among customers or in any way that could denigrate or discredit the Seller’s commercial reputation.
- Online resolution of consumer disputes (ADR and ODR)
- Pursuant to and for the purposes of Article 49 co. 1 letter V of the Consumer Code, the Customer can make use of the joint conciliation procedure. The procedure can be started if the Customer, after having lodged a complaint with the Seller, has not received a reply or has received a reply that is not considered satisfactory by him within 45 (forty-five) working days. The Customer who decides to make use of the joint conciliation procedure is required to send the relevant application to the e-mail address: co***********@co**************.it o to the fax number: 02/87181126. For further information see the following link: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/LaConciliazione-Paritetica.kl.
- Pursuant to Article 14 of EU Regulation no. 524/2013, the Customer is informed that, in the event of disputes, he may file a complaint via 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 online sales or service contracts out of court.
- Applicable law and competent court
- Except as mandatorily provided for by the relevant Community law, the Contract between the Customer and the Seller is governed by Italian law. All disputes that may arise in relation to the interpretation, execution, fulfillment, resolution and validity of these General Conditions or the Contract, if the Customer is a consumer pursuant to the Consumer Code, will be referred to the exclusive jurisdiction of the Court of the municipality of residence or domicile of the latter, if it is in the Italian territory; in all other cases, the Court of Brindisi will have exclusive jurisdiction.
* * *
Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the provisions referred to in points: 1.4 (exclusion of the Customer’s withdrawal) are specifically approved; 2.2 (limitation of the Seller’s liability); 5.2 (exclusion of the warranty for lack of conformity); 7.1 (Customer’s responsibility); 8.2 (limitation of the Seller’s liability); 10.2 (exclusion of Customer’s withdrawal); 10.3 (limitation of the Seller’s liability); 10.4 (exclusion of the right of partial withdrawal); 10.5 (exclusion of Customer’s withdrawal); 11.1 (limitation of the Customer’s ability to raise exceptions); 13 (errors and limitations of liability); 16 (applicable law and competent court).