TERMS AND CONDITIONS OF SALE
1) SCOPE OF APPLICATION
All Internet orders at www.salumipasini.com (hereinafter, “Salumi Pasini”), owned by SMAPP Spa, are governed by these General terms and conditions of sale (hereinafter, “General conditions”), formulated in accordance with current legislation on contracts concluded outside business premises. By submitting an order, you declare to have read, understood and accepted these General terms and conditions of sale. Salumi Pasini reserves the right to modify these General terms and conditions of sale at any time by publishing the new version on www.salumipasini.com (hereinafter, the Site). The applicable General terms and conditions of sale are those in force at the time the order is placed. The purpose of these General terms and conditions of sale is to regulate the purchase of products and services made available by the Site in compliance with Italian law on remote contracts (Legislative Decree 70/2003). The site is owned by SMAPP SpA with registered office in Via Circonvallazione 7, Trezzano sul Naviglio, 20090 – MI – Tax Identification/VAT no. 00758600159, Economic Administrative Index no.: MI – 410618. The Customer is required to read the General Conditions carefully before sending the order. These General conditions have been made available on the Site to allow reproduction, comprehension and storage. The seller is: SMAPP SpA Registered office: Via Circonvallazione 7, Trezzano sul Naviglio, 20090 – MI. Tax Identification/VAT no.: 00758600159 Economic Administrative Index no.: MI – 410618
2) ENTERING INTO THE CONTRACT
The Customer must first add the Products to the “Cart” to purchase them and then fill in and send the order form electronically, inserting the invoicing and shipping data by following the instructions contained in the Site. After having declared their consent, by selecting the appropriate fields for the processing of their data, the Customer must confirm that they have read the Privacy Policy. To complete the purchase, the Customer must also read and accept these general terms and conditions of sale. Once an order has been sent, an e-mail order reception will be sent to the Customer. With it, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to have fully accepted these General terms and conditions of sale. It is understood that this will not imply acceptance of the Customer’s order because it constitutes an offer made by the Customer to Salumi Pasini for the purchase of one or more products. The contract entered into between Salumi Pasini and the Customer must be considered concluded with acceptance of the order by Salumi Pasini. Such acceptance is communicated to the Customer by means of an order confirmation e-mail to the address indicated by the Customer during the registration and/or the conclusion of the order, after receiving confirmation of payment.
3) PRODUCT PRICES AND SHIPPING COSTS
On the www.salumipasini.com Site, the minimum purchase order is € 29,00 and offers the Customer the possibility to take advantage of free shipping for orders over € 80,00 including VAT for orders shipped in Italy, and € 200,00 including VAT for orders shipped abroad. The prices displayed on the Site are all inclusive of VAT and expressed in Euros, which is the only currency accepted by Salumi Pasini. The applicable prices for the products ordered are those that appear on this website on the date of order transmission. These prices include VAT. Shipping costs are not included. Shipping costs are invoiced on the basis of the costs indicated on this site on the date the order is placed. These costs are defined according to the size of the order, and the method of delivery, location and country of residence. Salumi Pasini reserves the right to change the prices and shipping costs at any time and to cancel an order in the event of obvious error in the calculation system or data.
Salumi Pasini ships throughout the EU and UK with the exception of the following areas:
LIVIGNO, SWITZERLAND, THE AZORES AND MADEIRA, SERBIA, CHANNEL ISLANDS, CANARY ISLANDS, CEUTA, MELILLA, ANDORRA, GIBRALTAR, LIECHTENSTEIN, NORWAY, TURKEY.
Any order arriving with a foreign destination outside the EU or in areas that are not included will not be accepted by the system and will not be processed. Any payment received will be refunded to the customer, net of collection fees and subsequent shipment incurred. Any right of the Customer to damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or even partial fulfillment of an order. The visual and photographic images of the products on the Site are only provided with a description. It is understood that the photographic image of the products has the sole purpose of displaying them for the sale and may not be perfectly representative of their characteristics but may differ in colour and/or size. In the event of a difference between the image and the written product data sheet, the description of the product data sheet shall always prevail. Salumi Pasini promotes responsible trade and excludes any liability in case of purchase made by children under the age of 16.
4) PAYMENT METHODS AND CONDITIONS
The Customer may choose to pay the price of the Products and the relative shipping costs by Credit Card through the Stripe circuit, through PayPal or by bank transfer, as well as any prepaid vouchers, defined on the Site with the name Salumi Pasini Gift Card.
In the event of payment by credit card (VISA/MASTERCARD/AMERICAN EXPRESS), payments are made through the Stripe platform. Stripe is an external platform for online payments that allows you to make payments by cash card, rechargeable card, or credit card. It is a secure and fast solution: payments are processed practically instantly. It is not necessary to create a Stripe account (although recommended): all you need is a valid credit card, cash card or rechargeable Visa, Mastercard or American Express. Stripe supports 3D Secure for any payment and meets the most stringent security requirements in the industry. Stripe is certified as a service provider compliant with PCI standard, level 1. A confirmation e-mail from Stripe will be sent to every transaction made with this method. The amount of the order will be debited from the current account connected to the credit card at the time of order confirmation. Stripe prevents fraudulent activity by detecting any suspicious behaviour. For example, transactions related to new orders identical to previous ones are denied. Stripe also works with Global Partners Networks and Credit Card Networks to monitor fraudulent activities. You can generally use the currency of the country where you reside. The availability of other currencies depends on where your credit/debit card account is located. In case of cancellation the amount will be refunded to the current account connected to the Customer’s credit card. Salumi Pasini declines any responsibility for disputes related to purchases. All disputes are directly managed by Stripe. To learn more about how Stripe manages disputes: https://stripe.com/help/disputes. To learn more about Stripe, visit www.stripe.com.
In the event of payment by PayPal (including Credit Card), the Customer will make the payment transaction directly on PayPal’s secure server to ensure maximum security: once the order has been confirmed, the Customer will be redirected to the PayPal website where they can make the payment with their PayPal account or by using a credit card or prepaid card.
In the event of payment by bank transfer, the credit of the transfer must be received within 5 days from the date of the order, if the transfer does not take place during this period, the Customer will be contacted by Customer Service in order to clarify whether the cause of the non-payment is due to the will of the Customer not to confirm the purchase or due to other causes.
Bank transfer details:
Beneficiary: SMAPP SpA
IBAN: IT47U 0344 0339 1000 0000 1213 00
Bank: Banco di Desio e della Brianza
Reason: specify the order number and date on the reason for the bank transfer. This information is in the order confirmation e-mail.
In the event of payment by Prepaid Voucher (Gift Card), the Customer (beneficiary of the Voucher (Gift Card)) should have the relative code received by e-mail and must enter it after selecting the desired products by following the option at the checkout. The Salumi Pasini Voucher (Gift Card) is a voucher of variable value that can be purchased and simultaneously given as a gift. The Gift Card is valid for 12 months from the date of purchase. The Salumi Pasini Voucher (Gift Card) cannot be refunded once purchased, but must be used to purchase products and services available on the www.salumipasini.com Site: The Voucher (Gift Card) can be used partially to place several orders until the available credit is exhausted. It can also be used as part of the payment if the remaining amount is less than the total amount of the order and in any case the minimum amount of the order allowed.
5) MANAGING ORDERS
Once the order has been received, Salumi Pasini will check stocks for availability and process the order as soon as possible. All orders will be subject to the approval of Salumi Pasini of which the Customer will be informed through the sending of an e-mail confirming that the order has been accepted. The order details are summarized in the order confirmation.
6) SIZING AND WEIGHT OF THE PURCHASED PRODUCTS
Products sold by SMAPP SpA are artisan made and therefore the net weight of each product may vary from the weight indicated on the product data sheet. In order to offer a quality service to our Customers, Salumi Pasini undertakes to produce slightly larger pieces than those indicated on the website, therefore the product delivered to you will always have a weight equal to or greater than that indicated on the product sheet.
7) DELIVERY
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure. Salumi Pasini records every order placed on the Site in its own accounting records and will send the Customer a purchase receipt in electronic format to the e-mail address indicated during the purchase process and/or in paper form included in the package. In order to issue the invoice, the Customer must request it by means of the “Notes” field that is in the checkout phase by entering their invoicing data. No changes can be made to the invoice after it has been issued. All purchases will be delivered by DHL or GLS express courier (hereinafter “Couriers”) from Monday to Friday, excluding public and national holidays. Salumi Pasini is not liable for unforeseeable delays, disservices, or non-delivery by the Courier. Once the Products have been shipped, Salumi Pasini will communicate the shipment of the goods and the relative tracking link through an e-mail notification to the Customer. With the exception of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 48-72 hours in Italy, starting from the day after receipt of payment and the relative order confirmation e-mail, unless Salumi Pasini informs – within the aforementioned time – that it is impossible to deliver the ordered goods due to the unavailability, even temporary, of the Products. In case of such communication, the Customer will have the possibility to wait for the new availability of the missing product or to choose one or more alternative products. If the Customer decides not to choose alternative products or to cancel the order, Salumi Pasini will refund any amounts already paid by the Customer within the same time limits. The information relating to the products supplied through the Site is constantly updated, but it is not possible to guarantee the complete absence of errors. Salumi Pasini reserves the right to correct errors, inaccuracies, or omissions even after an order has been placed, or to modify or update the information at any time without prior notice. Any complaint must be forwarded to Salumi Pasini by sending an e-mail to [email protected] or by calling the following number: +39 340 4040663 (from Monday to Friday from 9:00 to 12:00 noon and from 13:00 to 16:00) or by registered with return receipt to the following address:
SMAPP Spa
FAO Servizio Consumatori
Via Circonvallazione 7,
20090 Trezzano Sul Naviglio (MI)
Italy
8) RIGHT OF WITHDRAWAL (CONSUMER CODE-LEGISLATIVE DECREES 206/05 AND 21/2014)
Salumi Pasini guarantees that products equal to those indicated and described on the site will be delivered in compliance with all regulations regarding the storage of products until delivery to the place indicated in the order. The producer is responsible for all products sold. In case of packaged products, SMAPP SpA is also responsible for the truthfulness and completeness of the indications on the packages. The images on the site and on the packaging are provided to the Customer to facilitate the recognition of the products; due to variations in the packaging, the photos may not exactly reflect the appearance of the product delivered. As provided by the Consumer Code-Legislative Decrees 206/05 and 21/2014, the Customers of Salumi Pasini who purchase as consumers, can enjoy the money-back guarantee as they have the possibility to return the purchased products without having to provide any reason, except in the case of products that inherently cannot be returned. In order to exercise the right of withdrawal, the Customer must send the form duly filled in, which can be downloaded at this link by registered letter with return receipt to:
SMAPP Spa
FAO Servizio Consumatori
Via Circonvallazione 7,
20090 Trezzano Sul Naviglio (MI)
Italy
The withdrawal period is fourteen (14) days starting: (a) from the date on which the Customer or a third party appointed by them, other than the carrier, acquired possession of the products, or (b) from the date on which the Customer or a third party, other than the carrier and appointed by them, acquired possession of the last good, it being understood that the Customer ordered multiple goods in a single order and those goods were delivered separately. To exercise the right of withdrawal the purchased products must be returned in perfect condition without removing the original labels. The packaging of the products must be accurate, in order to protect the original packaging from damage, application of writing or labels. Products must be returned by express courier at the Customer’s expense. It is advisable to use a traceable and insured shipping method as Salumi Pasini will not be liable for the loss, non-receipt or damage of the goods sent. The goods will be refunded by Salumi Pasini after having checked the content and condition of the products, within 14 days of receipt of the communication from the Customer. Salumi Pasini will fully refund the expenses incurred by the Customer at the time of purchase. The refund will be made using the same payment method used by the Customer for the initial transaction.
9) LEGAL GUARANTEE OF CONFORMITY
Salumi Pasini has the obligation to deliver products compliant to the sale contract. The seller is responsible for any non-compliant product from the moment it is delivered to the Client. The products’ legal guarantee of conformity has a duration of 2 years as defined by Legislative Decree 206/2005 and its further modifications, articles 128,129, 130, 131 e 132. The guarantee is reserved to the client as stated on the above mentioned Legislative Decree. The Customer right on the guarantee cannot be claimed after 2 months from having discovered the non-conformity of the product. Within this period the Client needs to fill the non-conformity return form hereby linked. The reason of return, order date and number as well as the personal details of the buyer will be needed as mandatory fields. The client will be available to provide photographic proof of the damage or non-conformance evidence through digital means of communication, or the product itself, if asked, to
SMAPP Spa
FAO Servizio Consumatori
Via Circonvallazione 7,
20090 Trezzano Sul Naviglio (MI)
Italy
The legal guarantee is limited to the product replacement, as the product is food. The guarantee is not valid for damages due to wrong storage, manipulation, use or transport of the product done from the client. Also, the legal right, cannot be asserted if the product was not treated or used differently from how it is written on the label of the product. Finally, the guarantee is not covering when the damage can be attributed to negligent or voluntary misconduct from the Client; nor any other case that cannot be related to the production process or shipment of the product from the seller to the client’s home. When the non-conformance of the product is claimed within the right terms, the Client has the right to receive a product replacement in a reasonable period of time. Whether the product replacement should be impossible or over expensive to send, the contract resolution would be a secondary option and the client will have a full monetary refund. Contract resolution will be not an option when the product damage or non-conformance is not of big evidence or entity, and the product replacement is not available or too expensive. Salumi Pasini reserves the right to verify the existence of the damage or non-conformity. Salumi Pasini cannot be claimed as responsible for any charges due to the late delivery of replaced product or for the back payment. Except for exceptional cases, any product replacement will be done within 60 days from the date of the damaged product is delivered to Salumi Pasini. If, after 60 days the product will not be replaced, the Client can assert his rights according to the law (asking for contract resolution or a discount on the product price according and considering the time of use).
10) REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE DISPUTE RESOLUTION WITH CONSUMERS (ODR)
Customers can contact Salumi Pasini for any comments, suggestions, requests for information or complaints at the following number +39 340 4040663 (Monday to Friday from 9:00 a.m. to 12:00 noon and from 13:00 to 16:00) – or by sending an e-mail to [email protected]. Customer service will handle the requests and complaints received as soon as possible and, in any case, in compliance with legal deadlines. In any case, pursuant to Article 14 of Regulation 524/2013, Salumi Pasini informs the Customer that, in the event of a dispute, they may submit a complaint through the European ODR (Online Dispute Resolution) platform which can be reached at the following link http://ec.europa.eu/consumers/odr. The ODR platform is an access point for users who wish to resolve disputes arising from online sales and service contracts out of court.
11) APPLICABLE LAW AND JURISDICTION
The sales contract between the Customer and Smapp SpA is concluded in Italy and governed by Italian law. If the Customer is a consumer pursuant to the Consumer Code, the Court of their municipality of residence or domicile shall have exclusive jurisdiction if located in Italy; in all other cases the Court of Milan shall have exclusive jurisdiction for the resolution of any civil and criminal disputes arising from the conclusion of this remote sales contract.
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Pursuant to Article 1341 of the Consumer Code, the Customer declares to have carefully read and specifically accepts the following articles:
ARTICLE 3 Product prices and shipping costs;
ARTICLE 4 Payment methods and conditions;
ARTICLE 7 Delivery;
ARTICLE 8 Right of withdrawal;
ARTICLE 9 Legal guarantee of conformity
ARTICLE 10 Requests, complaints and European platform for online dispute resolution with consumers (ODR)
ARTICLE 11 Applicable law and jurisdiction.
