GENERAL CONDITIONS OF SALE
The following General Conditions of Sale regulate the offer and sale of products that appear on the website (web) "www.Pastavietri.com" (from now on, for the sake of brevity, simply "Pasta Vietri") owned by Nuovo Pastificio Vietri Spa - PIP area Leone 5/7 - 83025 Montoro (AV) – P.IVA 01809310640
The Customer, by sending the confirmation of his purchase, unconditionally accepts and undertakes to observe in his dealings with Nuovo Pastificio Vietri Spa the general conditions and payment transcribed below, declaring to have read and accepted all the indications given to him.
These purchase conditions must be examined online by customers who visit the Pastavietri.com website before confirming purchases. The submission of the order confirmation therefore implies full knowledge of these conditions of purchase and their full acceptance.
The term "online sales contract" means the purchase and sale contract relating to the Supplier's products, stipulated between them and the Customer in the context of a remote sales system through telematic tools, organized by the Supplier .
With the expression "the Customer" we mean the consumer, a natural person, who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity carried out.
The term "the Supplier" means the subject indicated in the epigraph or the subject lending the information services.
2) OBJECT OF THE CONTRACT
With this contract, respectively, the Supplier sells and the customer purchases remotely via telematic tools the products indicated and offered for sale on the site www.pastavietri.com
3) PROCEDURE OF STIPULATING THE CONTRACT
The contract between the Supplier and the Customer is concluded exclusively through the Internet by accessing the Customer to www.pastavietri.com , where, following the procedures indicated, the Customer will come to formalize the proposal for the purchase of goods referred to in point 2.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the adhesion sent online or by completing the form attached to the online electronic catalog and the subsequent submission of the form, always after a web page summary of the order, printable, which shows the details of the ordering and ordering, the price of the purchased good, shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered.
When the Supplier receives the order from the Customer, it sends a confirmation e-mail or displays a printable confirmation and summary web page, which also includes the data recalled in the previous point.
The contract is not considered perfected and effective between the parties in defect of what indicated in the previous point.
The payment of the products supplied on the "Pasta Vietri" website can be made as follows: by Pay Pal or by Bank Transfer
Once the order is confirmed, the customer will be redirected to the PayPal site where he can make the payment with his account or using a credit card, even prepaid, or otherwise according to the methods accepted by Paypal and in compliance with the terms and conditions
The Customer must make the transfer within 3 days from the date of the order. If this does not happen, the order will be canceled and the goods will be available for purchase by other customers. The Customer who did not make the transfer can be contacted by the Customer Service in order to clarify if the cause of the failure to credit is due to the Customer's will not to confirm the purchase or to other causes.
The data for the Bank Transfer are:
NUOVO PASTIFICIO VIETRI SpA
IBAN: IT 97 Y 08083 05498 003000100066
CODICE BIC/SWIFT: ICRAITRR2B0
CRA BCC di FISCIANO Società Cooperativa
Filiale di Montoro Inferiore (Avellino)
6) TRANSPORTATION AND DELIVERY
The Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase procedure in the "Delivery Address" field.
All purchases will be delivered via Express Courier (hereinafter, "Courier") from Monday to Friday, excluding public holidays. Pasta Vietri is not responsible for delays that are not foreseeable or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation e-mail containing a link to refer to for tracking the shipment.
All sales prices of the products displayed and indicated on the Internet site www.pastavietri.com , are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
The sales prices, referred to in the previous point, include VAT and any other tax.
Shipping costs and any additional charges, if any, are indicated and calculated in the purchase procedure before the order is sent by the Customer and also contained in the order summary web page.
The minimum purchase cost is 15 euros.
8) AVAILABILITY OF PRODUCTS
The Supplier ensures the processing and fulfillment of orders through the telematic system used. For this purpose, it indicates in its electronic catalog, the number of available products and those not available, as well as shipping times.
If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail or by telephone, will inform the Customer if the goods can no longer be booked, what are the waiting times for obtaining the selected good and possible alternative products, asking if he wants to confirm the order or not.
The Supplier's computer system confirms as soon as possible the registration of the order by sending the user a confirmation by e-mail.
9) RESPONSIBILITY LIMITATIONS
The Supplier assumes no responsibility for disservices due to force majeure, in the event he fails to execute the order within the time stipulated in the contract.
The Supplier can not be held responsible towards the Customer, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside the control of his own or his sub-suppliers.
The Supplier will also not be liable for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract due to causes not attributable to him, having the Customer only entitled to full refund of the price paid and any additional charges incurred.
The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the purchased products, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
In no case will the Customer be held responsible for delays or mistakes in the payment if he proves to have made the payment in the times and methods indicated by the Supplier.
10) RIGHT OF WITHDRAWAL AND EXCLUSIONS - INFORMATION
Accordin to art. 59 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. n. 21/2014, the right of withdrawal is excluded in the following cases:
- order of tailor-made or clearly customized products;
- order of Products that risk to deteriorate or expire rapidly;
- order of sealed products that are not suitable for being returned for hygienic reasons or related to health protection or which have been opened after delivery
The Customer who wishes to cancel the order sent can contact the Customer Service in the "Contact Us" section by e-mail and request cancellation: the request will be accepted if the order has not yet been processed.
11) CUSTOMER OBLIGATIONS
The Customer undertakes to pay the price of the good purchased in the times and methods indicated in the Contract.
The Customer agrees, once the online purchase procedure is completed, to provide for the printing and preservation of this contract.
The information contained in this contract has, moreover, already been viewed and accepted by the customer, who acknowledges it, as this step is made mandatory before the confirmation of purchase.
12) COMMUNICATIONS AND COMPLAINTS
Written communications to the Supplier and any complaints will be considered valid only if sent to the following address:
New Pastificio Vietri Spa - PIP Leone Area 5/7, 83025 Montoro Inferiore (AV)
or faxed to the number:
+ 39 0825 503292
or send by e-mail to the following address
The Customer will indicate in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes to receive communications from the Supplier.
13) APPLICABLE LAW AND JURISDICTION
The contract of sale between the Customer and New Pastificio Vietri is concluded in Italy and governed by Italian law, although not expressly provided in these General Conditions of Sale, the provisions of the law and the Civil Code apply to articles. 1325 and ss. applicable to the contract generally stipulated by the Customer with the Supplier.
For the solution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer in accordance with the Consumer Code, the court of his municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Salerno, any other competent forum excluded.