Pasta Shop di Claudio Cova, headquartered in 39012 Merano, Via Portici 53, VAT no. IT02336650219, e-mail: info@pastashop-merano.com, in the person of its legal representative, Mr. Claudio Cova (hereinafter referred to as Vendor);
WHEREAS:
that the Vendor manages the sites www.pastashop-merano.com (hereinafter, “Site”);
that the Site is intended for commercial transactions between entrepreneur and consumer (B2C);
that the expression “General Terms and Conditions of Online Sale” refers to the contract of sale relating to the Seller’s consumer goods concluded between the Seller and the Purchaser within the framework of a distance selling system organised by the Seller
that the trademark and logo relating to the site are the exclusive property of the Seller;
that these conditions of sale govern the online sale between Pasta Shop and the Buyer, who expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity carried out;
that these premises form an integral and substantial part of the contract;
the following is agreed:
1. Subject matter of the contract
1.1. These general terms and conditions, which are made available to the Purchaser for reproduction and conservation pursuant to art. 12, Legislative Decree no. 70 of 9 April 2003, have as their object the purchase of products, made at a distance and by means of a telematic network, through the website belonging to the Seller, Pasta Shop di Claudio Cova, with head office in 39012 Merano, Via Portici 53, VAT no. IT02336650219, e-mail: info@pastashop-merano.it.
1.2. With this contract, respectively, the Vendor sells and the Purchaser purchases at a distance the products indicated and offered for sale on the Vendor’s Site.
1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller’s Site. The picture accompanying a product may not be perfectly representative of its characteristics.
1.4. The Seller undertakes to supply the selected products – within the limits of their availability – against payment of a consideration as set out in Article 3 of this contract.
2. Acceptance of the conditions of sale
2.1. Purchase orders shall be forwarded by the Purchaser to the Seller by completing the purchase procedure indicated by filling in the electronic form.
2.2. These General Terms and Conditions of Sale shall be examined “online” by the Buyer, prior to completion of the purchase procedure. The forwarding of the purchase order by the Purchaser, therefore, implies full knowledge of them and their full acceptance.
2.3. The Purchaser, by telematically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with the Seller, the general and payment conditions illustrated below, declaring that he has read and accepts all the indications provided by him pursuant to the above-mentioned regulations, also acknowledging that the Seller does not consider itself bound to different conditions, unless previously agreed in writing.
2.4. Acceptance of the conditions of sale must be manifested by accurately filling in all sections of the electronic form, following the on-screen instructions.
3. Terms of purchase and sales prices
3.1. The products and sales prices on the Site are expressed in euro and must always be considered indicative and subject to express confirmation by e-mail from the Seller, which constitutes acceptance of the purchase order.
3.2. The prices of the products published on the homepage or in the various sections of the Site are inclusive of VAT and do not include any taxes, duties and levies applicable in the country of destination of the products, where this is different from Italy, which will be borne by the Purchaser. The total cost of shipment to the Purchaser’s domicile is at the Purchaser’s expense, except for exceptions and derogations that will be specifically advertised on the Site and/or communicated by e-mail. The cost is, in any case, made known to the Purchaser before the purchase order is confirmed.
3.3. Receipt of the order does not bind the Seller until the same has expressly accepted the order by e-mail. The Seller shall confirm and formally accept the order received by e-mail, after checking the availability of the chosen product.
3.5. The Purchaser expressly grants the Seller the right to accept even only part of the order placed (for example, in the event that not all the products ordered are available). In this case, the contract shall be deemed to have been concluded for the goods actually sold.
4. Conclusion of the contract
4.1. The Contract stipulated through the Site is considered concluded when the Purchaser receives, via e-mail, formal confirmation of the order, through which the Seller accepts the order sent by the Purchaser and informs the latter that it can proceed with its execution. The Contract is concluded at the place where the Seller’s registered office is located.
5. Terms of Payment
5.1 Any payment by the Purchaser may only be made by one of the methods indicated: advance payment by bank transfer, online payment by credit card or by PayPal.
6. Methods of delivery
6.1. The Seller shall provide to deliver the selected and ordered products to the Buyer, at the address indicated by the latter, according to the methods indicated in the previous articles, by means of couriers and/or trusted forwarding agents. Delivery shall take place indicatively within a time frame ranging from 2 (two) to 5 (five) working days from the date of payment.
In the event that the Seller is unable to ship within the aforementioned terms, but in any case within 30 days from the date of conclusion of the contract, the Purchaser shall be promptly notified by e-mail. The ordered goods shall in any case be shipped once payment for them has been made, and the delivery period shall then begin.
6.2. If the Purchaser is absent, a notice will be left with the necessary instructions for contacting the courier or forwarding agent in order to agree on the delivery method.
6.3. The Seller shall not be liable for delay or non-delivery due to incorrect or incomplete communication of the address by the Buyer.
6.4. Upon receipt of the goods, the Purchaser is obliged to check the conformity of the product delivered to him with the order placed; only after this check must the delivery documents be signed, without prejudice, of course, to the right of withdrawal provided for in Article 10 of these conditions. The right of withdrawal is excluded if the goods sold have been made “to measure” for the Purchaser.
7. Limitations of liability
7.1. The Seller assumes no liability for delays or non-delivery of the goods attributable to force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed time.
7.2. The Seller shall not be held liable to the Purchaser, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet that are beyond the Seller’s control.
7.3. The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of non-performance of the contract due to the aforementioned causes, the Purchaser only having the right to a refund of any price paid.
7.4. The Seller assumes no liability for any fraudulent and illicit use that may be made by third parties, of credit cards, cheques and other means of payment, when paying for the purchased products, if it can prove that it has taken all possible precautions based on the best science and experience at the time and on ordinary diligence.
8. Guarantees and Methods of Assistance
8.1. The Vendor only sells original and high-quality products. In the event of questions, complaints or suggestions, the Buyer may contact the Seller via the address info@pastashop-merano.com. In order to ensure that questions, complaints or suggestions are dealt with quickly, the Buyer shall explain the problem precisely and, if necessary, enclose the order documents, i.e. indicate the order number, customer number, etc.
9. Obligations of the Buyer
9.1. The Buyer undertakes to pay the price of the product purchased in the time and manner indicated in these General Terms and Conditions.
9.2. The Purchaser agrees and undertakes, once the purchase procedure has been completed, to print and keep these General Conditions – which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase procedure – as well as the specifications of the product purchased, and this in order to fully comply with the condition set out in Legislative Decree no. 206 of 6 September 2005.
9.3. It is strictly forbidden for the Purchaser to enter false, and/or invented, and/or fictitious data in the registration procedure through the special electronic form; the personal data and e-mail address must correspond to the Purchaser’s own real personal data and not those of third parties, or fictitious data. The Purchaser therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
9.4. The Purchaser indemnifies the Seller from any liability deriving from the issuance of erroneous tax documents due to errors in the data provided by the Purchaser, since the latter is solely responsible for the correct entry.
9.5 In the event of the purchase of alcoholic products, the Purchaser expressly declares that he/she has reached the age of majority required by law for the purchase of such products. Furthermore, the Purchaser of alcoholic products guarantees the truthfulness of the documents submitted to the Seller for the execution of this contract.
10. Right of Withdrawal Pursuant to Legislative Decree No. 206/2005
10.1. The right of withdrawal is recognised only for products envisaged by Legislative Decree no. 206 of 6 September 2005.
10.2. The Purchaser has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within the term of 14 (fourteen) days, starting from the day of receipt of the product purchased.
10.3. If the Purchaser decides to avail himself of the right of withdrawal, he must notify the Seller, using the standard withdrawal form in Annex I Part B of Legislative Decree No. 21/2014, or by submitting any other explicit declaration of his decision to withdraw from the contract. The burden of proof concerning the exercise of the right of withdrawal, in accordance with this article, lies with the Buyer. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased product, provided that it is within the same terms and according to the procedures set forth in Article 12. The date of delivery to the post office or forwarding agent shall be deemed authentic between the parties.
10.4. The goods shall be returned without undue delay and in any case within 14 (fourteen) days from the date on which the Purchaser notified the Seller of his decision to withdraw from the contract. In any case, in order to be entitled to a full refund of the price paid, the goods shall have to be returned intact and, in any case, in a state of preservation such as that resulting from the necessary inspection of the goods to establish their nature, characteristics and functioning.
10.5. The Purchaser may not exercise the right of withdrawal for purchase contracts for goods that are made to measure or clearly customised or that, due to their nature, cannot be returned or are liable to deteriorate or alter rapidly.
10.6 The Purchaser exercising the right of withdrawal under this article shall bear the direct costs of returning the goods to the Seller.
10.7 The Buyer who exercises the right of withdrawal in accordance with the provisions shall be reimbursed the sums already paid, with the exception of additional costs associated with the type of delivery expressly chosen by the Buyer and other than the least expensive type offered by the trader. These sums shall be refunded without undue delay and in any case within 14 days from the day on which the seller was informed of the buyer’s decision to withdraw from the contract. Unless the Seller has offered to collect the goods himself, however, the Seller may withhold reimbursement until he has received the goods or until the Buyer has proven that he has returned the goods, whichever is sooner.
Upon receipt of the notice in which the Buyer informs the Seller that he/she is exercising the right of withdrawal, the Parties are released from their mutual obligations, subject to the provisions of this Article.
11. Express termination clause
11.1 The obligations referred to in art. 9, assumed by the Purchaser, are of an essential nature, so that, by express agreement, the non-fulfilment of only one of said obligations, unless caused by unforeseeable circumstances or force majeure, shall entail the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a court ruling.
12. Notices
Without prejudice to the cases expressly indicated, or established by legal obligations, communications between the Seller and the Buyer will preferably take place by means of e-mail messages to their respective electronic addresses, which shall be considered a valid means of communication by both parties and whose production in court cannot be contested merely because they are computerised documents.
12.2. Written communication addressed to the Seller, as well as any complaints will be considered valid only if sent to the following address: Pasta Shop di Cova Claudio, 39012 Merano, Via Portici 53, or to the e-mail address: info@pastashop-merano.it.
12.3. Either party may at any time change its e-mail address for the purposes of this article, provided that it promptly notifies the other party in compliance with the forms established in the previous paragraph.
13. Processing of Personal Data
13.1. The Purchaser expressly declares that he/she has read both the information provided for by Article 13 of Legislative Decree No. 196 of 30 June 2003 (Privacy Code) and the “privacy policy” of the Site.
The rights deriving from the privacy policy and the information obligations arising therefrom borne by the Seller are examined “online”, before the purchase procedure is completed. The submission of the order confirmation therefore implies full knowledge of the same.
13.2. The Seller protects the confidentiality of its customers and guarantees that the processing of data complies with the provisions of the privacy regulations set forth in Legislative Decree No. 196 of 30 June 2003.
13.3. The personal and tax data acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, computer, telematic form, in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow the effective management of commercial relations to the extent necessary to best carry out the service requested (Article 24, paragraph 1, letter b, Legislative Decree No. 196/2003).
13.4. The Seller undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to reveal them to unauthorised 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 only be disclosed at the request of the judicial authorities or other authorities authorised by law.
13.5. Personal data shall only be disclosed, subject to the signing of a data confidentiality undertaking, to parties delegated to carry out the activities necessary for the execution of the contract entered into and communicated exclusively for this purpose.
13.6. The Purchaser enjoys the rights set forth in Article 7 of Legislative Decree 196/03, namely the right to obtain
a) updating, rectification or, when he/she is interested, integration of the data;
b) the cancellation, transformation into anonymous form or blocking of data processed in breach of the law, including data whose storage is not necessary in relation to the purposes for which the data were collected or subsequently processed
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The data subject also has the right to object, in whole or in part
(i) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection
ii) to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
13.7. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Purchaser’s application cannot be processed.
13.8. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.
13.9. The holder of the collection and processing of personal data is the Seller, to whom the Purchaser can address any request at the company’s head office.
14. Place of jurisdiction
14.1. In the event of disputes arising out of or in connection with this contract, the parties undertake to seek a fair and amicable settlement between themselves.
If the dispute has not been settled in an amicable manner, and in any case within six months from the date of its commencement, the dispute shall be brought before the exclusive jurisdiction of the Court in whose district the Purchaser is domiciled, in accordance with the provisions of Legislative Decree 206/05; in the event that the Purchaser does not have the status of final consumer, it is agreed that any dispute, also in derogation of the rules on territorial jurisdiction, shall be the exclusive jurisdiction of the Court of Bolzano.
15. Applicable law and reference
15.1. This contract is governed by Italian law.
15.2 For all matters not expressly provided for herein, the provisions of the law applicable to the relationships and cases provided for in this contract shall apply and, in any case, the provisions of the Italian Civil Code and Legislative Decree no. 206 of 6 September 2005 (Consumer Code).
16. Final Clauses
16.1. This contract abrogates and supersedes any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject matter of this contract.
16.2 The possible ineffectiveness of certain clauses does not affect the validity of the entire agreement.
16.3 These General Terms and Conditions have been drawn up in German and Italian. Should difficulties arise in interpreting them, the parties agree that the Italian language text shall be deemed authentic and effective.
EXPRESSION OF CONSENT THROUGH THE SITE
I ACCEPT
Acceptance is confirmed by checking the electronic box “I accept”.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE PURCHASER
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Purchaser declares that he has carefully read the contract and expressly approves the following clauses:
Art. 3 (Purchase modalities and sale prices),
Art. 4 (Conclusion of the contract),
Art. 6 (Mode of delivery),
Art. 7 (Limitations of liability),
Art. 8 (Guarantees and terms of assistance),
Art. 9 (Obligations of the Buyer),
Art. 10 (Right of Withdrawal Pursuant to Legislative Decree 206/2005)
Art. 11 (Express termination clause)
Art. 14 (Jurisdiction),
Art. 15 (Applicable Law and Reference).