TERMS & CONDITIONS
1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
1.1 By "online" contract we mean the distance contract having as its object the purchase of goods and / or services stipulated between the FONDERIA DEL CACAO SRL, based in Via delle Bartoline 41 Calenzano (FI),
hereinafter referred to as <<Supplier>>, registered in the Florence business register at the number PI 06363510485, and a customer consumer or professional customer, in the context of a distance selling system organized by the Supplier who, for this contract, uses exclusively Internet technology. All contracts, therefore, will be concluded directly through the access by the customer to the website corresponding to the address fonderiadelcacao.it
1.2 By consumer customer, hereinafter referred to as <<Consumatore>>, we mean only the natural person who concludes the contract for purposes not related to any entrepreneurial or professional activity carried out.
1.3 By professional client, hereinafter referred to as <<Professionista>>, we mean the subject, natural person, public or private legal person, unrecognized collective body with autonomous legal subjectivity, which in concluding the contract acts within the framework of its own attivita 'professional or business.
1.4 By <<Customer>>, we simply mean the buyer generally understood, both Consumer and Professional.
2. ACCEPTANCE OF THE GENERAL SALES CONDITIONS AND OBLIGATIONS OF THE CUSTOMER
2.1. The contract stipulated between the Supplier and the Customer must be considered concluded with the acceptance, even if only partial, of the order by the Supplier itself. This acceptance is considered tacit, unless otherwise communicated to the Customer in any form.
The latter, by placing an order in the various ways provided, declares to have read all the information provided to him during the purchase procedure and, consequently, to fully accept the general and payment conditions transcribed below.
2.2 It is strictly forbidden to insert false and / or invented personal data in the data collection forms, necessary for completing the order. It is also forbidden to enter data of third parties or make multiple registrations relating to a single customer. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all Customers.
2.3 If the customer and consumer, once the online purchase procedure has been completed, will print or save an electronic copy and, in any case, keep these general conditions of sale in compliance with the provisions of art. 3 and 4 of Legislative Decree 185/1999 on distance selling. The forwarding of the order confirmation, therefore, implies full knowledge of the same and their full acceptance.
2.4 Any right of the Customer to request compensation for damages or compensation from the Supplier, as well as to attribute to the same any contractual or extra-contractual responsibility for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of a order.
3. SALE PRICES AND PURCHASE METHODS
3.1 All sales prices of the products present and indicated on the fonderiadelcacao.it site, which constitute an offer to the public pursuant to art. 1336 cc, are inclusive of VAT. To which must be added the shipping and packaging costs. These prices may change at any time without the Supplier being required to give any notice; in any case, once the order of the product has been placed, it will not undergo any price variation. The cost of transport, both national and international, duly highlighted in the appropriate page within the site that the customer will take care to view before confirming the purchase, is entirely at the expense of the same. In case of delivery abroad, the Customer will also be responsible for any additional costs due to taxes or duties provided for by the legislation in force in the country of destination.
3.2 The Customer can only purchase the products present in the catalog at the time of placing the order and viewable online at fonderiadelcacao.it, as described in the relevant information sheets. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics.
4. METHOD OF PAYMENT
4.1 Credit card: through this form of payment, simultaneously with the conclusion of the online transaction, all financial information (card number, expiration date, etc.) will be automatically forwarded, via encrypted protocol, to the reference bank that will provide 'to debit, on the Customer's current account, the payment of the amount relating to the purchase made.
4.2 In case of cancellation of the order, both by the Customer, as described in the following article 8, and by the Supplier, in the event of non-acceptance of the order itself, the cancellation of the transaction will be requested. Once the transaction cancellation operation has been carried out, in no case can the Supplier be held responsible for any direct or indirect damage caused by the delay in the operation itself.
4.3 The Supplier reserves the right to request the Customer to send a copy of identity documents proving ownership of the credit card used for payment. In the absence of the required documentation, the Supplier may not accept the order and, therefore, not conclude the contract.
4.4 At no time during the purchase procedure is the Supplier able to know the information relating to the buyer's credit card, transmitted via a secure connection directly to the site of the Banking Institute that manages the transaction. No computer archive of the Supplier will keep such data. In no case, the Supplier can, therefore, be held responsible for any fraudulent or illegal use of credit cards by third parties, upon payment of the purchased products.
5. METHOD OF SHIPPING AND DELIVERY
5.1 Shipping and delivery
The Supplier will deliver to the Customers, at the address specified at the time of the order, the products selected and ordered, in the manner referred to in this article, by means of trusted couriers and / or shippers. The contract is concluded with the delivery of the goods by the Supplier to the courier. For this reason, the Supplier will not be liable in the event of failure or delay in delivery or total or partial damage to the goods themselves. Only the courier who made the shipment will be responsible.
5.2 Upon delivery of the goods by the Courier, the Customer is required to check: that the quantity of the goods ordered corresponds to what is indicated in the transport document; that the packaging is intact, not damaged, nor wet or, in any case, also altered in the closing materials. Any damage must be immediately reported to the courier making the delivery. Once the courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered.
5.3 Delivery times
The Courier undertakes to deliver the goods within the three days following the date of shipment, in the Italian territory; while, for shipments made abroad the times are differentiated in relation to the distance. If the shipment takes place by means of another courier, the delivery times will never exceed those provided for by art. 6 of Legislative Decree 185/99 (30 days from the date of the order and / or from the receipt of payment if available in stock). The aforementioned delivery terms refer to the products in the warehouse at the time of the order.
5.4 Delays in delivery
Any delays in the delivery of the goods cannot be attributed or attributable to the Supplier. Nor, in any way, can the Supplier be responsible for damage caused by the Italian Post Office or by another Courier, in relation to the delayed delivery of the goods, to the customer or to third parties, meaning the contract perfected with the delivery of the goods to the courier.
5.5 Failure to deliver
If the Courier delivering the goods does not find anyone at the specified address, they will deposit the goods in the warehouse indicated on the card that will be left on the spot. After ten days of storage, the goods will be returned to the Supplier and the Customer will not be able to assert any rights. All expenses, direct and indirect, will be entirely borne by the Customer. The Supplier will withhold payment for the goods as a penalty, in addition to any greater damages suffered. If the Customer requests the Supplier to get back the ordered and paid products, object of non-delivery, he must make an immediate request to the Supplier company by email at info@fonderiadelcacao.it.
All expenses, in addition to the greater damage suffered by the Supplier, will be borne by him.
5.6 Delivery and packaging costs
They are charged to the Customer and are clearly and separately explained from the price of the good or service, when placing the order, as already provided for in the aforementioned Article 3.
5.7 Invoice
For each order placed on fonderiadelcacao.it, the Supplier issues an accompanying invoice which lists all the items shipped and which is placed in a sealed envelope and sent together with the goods. For the issuance of the invoice, the information provided by the Customer at the time of the order is authentic.
5.8 The mismatch of the ordered goods with that delivered must be promptly communicated to the Supplier.
5.9 EXTRA-EEC shipments
The recipient of an international shipment may be subject to import duties and taxes, which are collected once a shipment reaches your country. As a rule, additional additional costs for customs clearance must be borne by the recipient. We are not in control of these additional costs and cannot predict their amount.
Customs policies vary considerably from country to country. We therefore invite you to contact your local customs office for further information. Extra-EEC orders cannot be refunded due to customs problems.
6. AVAILABILITY OF PRODUCTS
6.1 The Customer may only purchase the products indicated in the electronic catalog prepared and in the quantities existing in real time in the warehouse.
6.2 If the goods are not available in the warehouse in the quantities desired by the Customer, the latter may contact the Supplier by e-mail to receive all the necessary information on the product and on the expected time for its procurement.
7. LIABILITY
7.1 The Supplier assumes no responsibility for inefficiencies attributable to force majeure and / or unforeseeable circumstances such as accidents, theft and / or robbery of the courier in charge of delivery, fires, explosions, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the contract within the timeframe and in the manner agreed upon.
7.2 It will also not be liable to anyone for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, since the Customer is only entitled to a refund of the price paid by the Freight Forwarder, single responsible.
8. RIGHT OF WITHDRAWAL
8.1 Pursuant to art. 5 DL 185/1999, if the customer is a consumer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in this article. It is specified that this right is reserved exclusively to natural persons, to those consumer customers who, as defined in article 1, purchase the goods for purposes not related to and unrelated to their professional activity.
The right of withdrawal is not provided for professional customers, natural or legal persons, acting in reference to the purchase contract in a professional context. To exercise this right, the Consumer must indicate to the Supplier the willingness to withdraw, within 14 days from the date of receipt of the goods in the case of goods, or from the day of the conclusion of the online contract for services. This communication must be sent by registered letter with acknowledgment of receipt, addressed to FONDERIA DEL CACAO SRL Via delle Bartoline 41 Calenzano (FI) within the aforementioned period of 14 days and followed by a confirmation by registered letter with acknowledgment of receipt, sent within the following 48 hours. Once the aforementioned notice of withdrawal has been received, the Supplier will quickly communicate to the Consumer the instructions on how to return the goods intact and in their original packaging, which must take place within the following 48 hours.
8.2 In any case, the right of withdrawal is, in any case, subject to the following conditions:
- this right applies to the product purchased in its entirety, it is not possible to exercise withdrawal only on part of the product purchased;
- the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment), without any lack.
- this right does not apply to products made to measure or clearly personalized.
8.3 The shipping costs for returning the goods are entirely borne by the Consumer. The goods, up to the certificate of receipt in the Supplier's warehouse, and under the full responsibility of the Consumer.
In any case, the Supplier is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
8.4 The Supplier, in the event of withdrawal, will refund the Consumer the full amount already paid, within 14 days from the date of receipt of the goods and, in any case, no later than 30 days from the notice of the Consumer. The Consumer shall promptly provide the bank details on which to obtain the reimbursement (ABI Code - CAB - Current Account - CIN code of the invoice holder).
8.5 The right of withdrawal is totally lost, due to lack of the essential integrity of the goods (packaging and / or its contents), in cases where the Supplier ascertains: the lack of the external packaging and / or the original internal packaging; the absence of integral elements of the product; damage to the product for reasons other than its transport. In case of forfeiture of the right of withdrawal, the Supplier will return the purchased good to the Consumer sender, charging the shipping costs to the same.
9. BUSINESS PURCHASES
9.1 The Supplier also supplies the products in the catalog to << professional customers >>, resellers, natural persons, public or private legal persons, unrecognized collective bodies with autonomous legal subjectivity, which in concluding the contract act within the framework of their professional activity or entrepreneurial.
9.2 In the case of orders of particular importance, the Professional can contact the supplier company directly by e-mail info@fonderiadelcacao.it
10. WARRANTIES
10.1 All products sold by the Supplier are backed by the manufacturer's official guarantee through batch issue and expiry date stamped on the product. To take advantage of the aforementioned guarantee, the Customer must keep the accompanying invoice that he will receive at the time of delivery.
10.2. The warranty applies to products that present lack of conformity and / or malfunctions that cannot be found upon purchase, provided that the product itself is used correctly and with due diligence, that is, in compliance with its intended use and as provided in any documentation. attached.
11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
11.1 The Supplier has the right to terminate the stipulated contract by simply notifying the Customer with adequate and justified reasons; in this case the customer will have the right, exclusively, to the refund of any sum already paid. The Customer has the right to cancel the contract within 24 hours from the order, promptly notifying the customer service via e-mail at info@fonderiadelcacao.it
11.2 The obligations assumed by the Customer with this contract are essential so that, by express agreement, the non-fulfillment, by the same, of only one of these obligations will determine the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without prejudice to the right to the Supplier to take legal action for compensation for further damages suffered.
12. JURISDICTION
12.1 The sales contract between the Customer and the Supplier is concluded in Italy and governed by Italian law.
12.2 For the solution of civil and criminal disputes deriving from the conclusion of this remote sales contract, the territorial jurisdiction is exclusively that of the Court of Florence. For Professional customers, it is agreed that any dispute will be the exclusive competence of the Court of Florence.
13. PROVISION AND PROCESSING OF PERSONAL DATA
The personal data requested when placing the order are collected and processed in order to satisfy the express requests of the Customer and will in no case and for any reason be transferred to third parties. The Supplier guarantees its Customers compliance with the legislation on the processing of personal data, governed by the privacy code referred to in Legislative Decree 196 of 30.06.03.
The above general conditions of sale can be modified or updated at any time by the Supplier. These changes are effective from the moment they are published on the fonderiadelcacao.it website and, consequently, will refer to sales subsequent to the change itself.
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