1. ONLINE PURCHASE AGREEMENT
it means the distance contract concerning movable property and / or services stipulated between a supplier: Tartufi e Sapori di Acqualagna Tartufi S.r.l. and a consumer in the context of a distance selling system organized by the supplier. All contracts will be concluded directly through the access by the consumer customer to the website corresponding to the address www.tartufiesapori.com, where, following the indicated procedures, he will conclude the contract for the purchase of the goods. By consumer we mean the natural person who purchases goods and services for purposes not directly related to any professional activity carried out. Below are the conditions of sale that will remain effective until changed by the supplier. Any changes to the conditions of sale will be effective from the moment they are published on the website www.tartufiesapori.com and will refer to sales made from that moment forward.
2. SALE PRICES AND PURCHASE METHODS
All sales prices of the products displayed on the website www.tartufiesapori.com, for which they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code they include VAT; transport costs are indicated on the appropriate page within the site that the customer will take care to view before confirming the purchase. The purchase contract is concluded through the exact compilation and the consent to the purchase expressed through the accession given “online”. The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
3 – EXECUTION OF THE CONTRACT AND METHOD OF DELIVERY
Truffles and flavors of Acqualagna Tartufi S.r.l. will deliver the ordered products to customers, in the manner referred to in the previous article, through trusted couriers. Delivery times, which will never exceed, in any case, those provided for by art. 6 Decr. Legisl. 185/1999 (30 days from the date of the order), may vary from the day of the order to a maximum of seven working days, again in the case of products in stock. However, no responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
4 -AVAILABILITY OF PRODUCTS.
The customer can purchase the products indicated in the electronic catalog on www.tartufiesapori.com. If an order exceeds the quantity existing in the warehouse, the computer system will still accept the purchase and will notify the buyer whether or not said product will be available in the future and the expected time for procurement if it exceeds actual availability.
5 – RESPONSABILITY
Tartufi e sapori of Acqualagna Tartufi S.r.l. assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from executing the contract within the agreed time frame .
Tartufi e sapori of Acqualagna Tartufi S.r.l. will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.
Tartufi e sapori of Acqualagna Tartufi S.r.l. is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products.
Tartufi e Sapori of Acqualagna Tartufi S.r.l., in fact, at no time during the purchase procedure is able to know the buyer’s credit card number which, by opening a secure connection, is transmitted directly to PayPal, the service manager.
Tartufi e sapori of Acqualagna Tartufi S.r.l. is not able to check the correct and lawful origin of the credit that is delivered by the customer upon receipt of the goods.
6 – GUARANTEES AND METHODS OF ASSISTANCE
Tartufi e sapori of Acqualagna Tartufi S.r.l. sells high quality products, for which it offers the guarantee provided by the manufacturer of the goods. In any case, the reference legislation and the methods of application of the guarantee is the one indicated and highlighted by the manufacturer in its certificate.
Tartufi e sapori of Acqualagna Tartufi S.r.l. however, it provides a customer assistance telephone number: Tartufi e Sapori di Acqualagna Tartufi S.r.l. +39 0721797031.
7 – BUYER’S OBLIGATIONS
The consumer undertakes and obliges, once the “on line” purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as a mandatory step in the purchase, as well of the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Articles 3 and 4 of the Decr. Leg. n ° 185/1999. 7.1. It is strictly forbidden for the purchaser to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy. It is expressly forbidden to make double registrations corresponding to a single person. Tartufi e Sapori di Acqualagna Tartufi S.r.l reserves the right to legally pursue any violation and abuse, in the interest and for the protection of consumers.
8 – RIGHT OF WITHDRAWAL
The consumer who for any reason is not satisfied with the purchase made of preserved products, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 working days for the goods from the day of their receipt. The fresh product is not returnable as it is a highly perishable food. Any complaint or dispute regarding fresh goods must be made on the day of arrival of the goods themselves, proving it with photos and videos; we do not accept any complaints about fresh goods without adequate photo and video evidence and after 12 hours from receipt of the goods (see also point 13: RETURNS AND COMPLAINTS). The withdrawal must be expressed by sending a registered letter with acknowledgment of receipt within the aforementioned term of 10 days to the following address: Acqualagna Tartufi S.r.l., via C. Colombo 2 / A, 61041 Acqualagna (PU).
A telegram or fax can be sent within the same deadline, which must be followed within 48 hours by the aforementioned registered letter with acknowledgment of receipt confirming the expressed withdrawal. Within the aforementioned term of 10 days, all purchased goods intact and in their original packaging and any manuals must be returned to Tartufi e Sapori di Acqualagna Tartufi S.r.l, without any lack. Return fees will be charged to the customer. Once the Tartufi e Sapori di Acqualagna Tartufi S.r.l have been received goods, the company will forward the entire amount paid by the consumer within thirty days. If the said amount has been paid by credit card, Tartufi e Sapori di Acqualagna Tartufi S.r.l will credit the same amount, through the issuing institution, to the consumer’s card, less the costs incurred for the sale transaction. If the said amount has been paid on delivery, Tartufi e Sapori di Acqualagna Tartufi S.r.l will credit the same amount, by non-transferable bank draft, made out to the customer, minus the collection costs.
9 – AUTHORIZATIONS
By filling in the appropriate space on the website, the customer authorizes Tartufi e Sapori di Acqualagna Tartufi Srl to use his credit card, or other card issued to replace it, and to debit his current account in favor of Tartufi and Sapori di Acqualagna Tartufi Srl the total amount shown as the cost of the purchase made “online”. The whole procedure is done through a secure connection directly connected to PayPal, owner and manager of the “on line” payment service. Should the consumer exercise the right of withdrawal, as illustrated in point 8 of these general conditions, the amount to be refunded will be credited to the same credit card.
10 – CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
Tartufi e Sapori di Acqualagna Tartufi S.r.l has the right to terminate the stipulated contract by simply notifying the customer with adequate and justified reasons; in this case, the customer will only be entitled to a refund of any sum already paid. The obligations assumed by the customer referred to in point 7, as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in point 2, are essential, so that by express agreement, the non-fulfillment by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial ruling, without prejudice to the right of Tartufi e Sapori di Acqualagna Tartufi Srl to take legal action for compensation for further damage.
11 – PROVISION AND PROCESSING OF PERSONAL DATA
Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications towards him; these data are processed electronically in compliance with the laws in force and may be exhibited only at the request of the judicial authority or other authorities authorized for this purpose by law. Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose. The interested party enjoys the rights referred to in Article 13 of Law 675/1996, namely:
• to ask for confirmation of the existence of their personal data;
• to know their origin, the logic and the purposes of their treatment;
• to obtain updating, rectification and integration;
• to request cancellation, transformation into anonymous form or blocking in the event of unlawful processing;
• to oppose their treatment for legitimate reasons or in the case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.
• The owner and manager of the collection and processing of personal data is Emanuela Bartolucci
12 – JURISDICTION AND COMPETENT COURT
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “online” through the website www.tartufiesapori.com is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided, in conjunction with legislative decree n ° 50 of 15.1.1992 and legislative decree n ° 185 of 22.5.1999. For any dispute between the parties regarding this contract, the Court in whose district the consumer has his domicile will be competent if located in the territory of the Italian State; for all other customers it is agreed that any dispute will fall within the jurisdiction of the Pesaro court.
13 – RETURNS AND COMPLAINTS
If a preserved product ordered does not fully satisfy in some aspect, you can take advantage of the Right of Withdrawal (see point 8: RIGHT OF WITHDRAWAL) which, within 10 days from the date of purchase, gives you the right to return the goods. The fresh product is not returnable as it is a highly perishable food. Any complaint or dispute regarding fresh goods must be made on the day of arrival of the goods themselves, proving it with photos and videos; we do not accept any complaints about fresh goods without adequate photo and video evidence and after 12 hours from receipt of the goods. It could happen, for example, that a fresh truffle may deteriorate during the expedition and arrive to the client soft or with rotting in some parts; if the truffle loses its solid and compact consistency (when the goods are picked up by the courier who has not suffered delays in delivery) it must be reported immediately; if, however, during the shipment a slight patina of muffle is formed around the truffle, which does not affect the consistency and goodness of the product, Just remove it with a brush. Tartufi e Sapori of Acqualagna Tartufi S.r.l will refund the amount paid by you for the purchase, after checking the integrity of the goods sold and the packaging. If the payment of the order was made by credit card, Tartufi e Sapori of Acqualagna Tartufi S.r.l will pay the amount due, less the costs incurred for the sale transaction. For further information, please contact the email address: firstname.lastname@example.org and the Customer Service number +39 0721797031 (Monday to Friday from 08.00 to 12.30 and from 14.00 to 17.30).
If you have advice or general complaints write to Acqualagna Tartufi S.r.l., via C. Colombo 2 / A, 61041 Acqualagna (PU).
14 – SAFETY
To ensure total security for the customer who decides to purchase products from the online store by credit card, Tartufi e Sapori di Acqualagna Tartufi S.r.l has decided to adopt PayPal. The safety and functionality of this service are guaranteed by the following points:
- The credit card details are entered directly on a secure PayPal server with SSL encryption and are not stored on the Tartufi e Sapori di Acqualagna Tartufi S.r.l. server.
No one other than PayPal can get to know your credit card details.
The customer of Tartufi e Sapori di Acqualagna Tartufi S.r.l will not have to have any authentication certificate but can simply use a standard browser.
- The PayPal payment service, in the part concerning the verification of the credit card and the response from international circuits, uses the same system used by P.O.S. real and therefore extensively tested to guarantee continuity of service according to market standards.
When the customer decides to forward the order, by pressing the “PROCEED TO ORDER” button he is redirected to the payment page residing on the secure PayPal server. On this page you will find the appropriate form where you will have to enter your credit card details. The data is entered in a secure way with a total guarantee for the buyer.
PayPal collects the data relating to the transaction (card details and amount) and enters them in the international authorization circuits, in the same way as for the transactions carried out at the P.O.S. physical. Through these circuits, the Institute that issued the card is reached, which provides a positive or negative result to the authorization request, communicating it to PayPal.
PayPal then redirects the customer to the Tartufi e Sapori di Acqualagna Tartufi S.r.l e-commerce site with the confirmation or not of the payment.
During this phase only a credit card check is carried out: the transaction will be financially concluded within 20 days. from the date of the order.
15 – METHOD OF PAYMENT, DELIVERY TIMES AND SHIPPING COSTS
Shipping costs INCLUDE VAT.
Tartufi e Sapori di Acqualagna Tartufi Srl makes the following types of payment available to the buyer.
Payment with all credit cards recognized by PayPal which manages the entire procedure on its servers to guarantee the total security of the sensitive data entered by the customer relating to the transaction,
The amount must be paid using the following bank details:
Acqualagna Tartufi srl
IBAN Code: IT21S0306968190100000003399 Bic / Swift code: BCITITMM
Bank: INTESASANPAOLO, Acqualagna agency
specifying the order number in the reason for payment.
For payment by bank transfer, the shipment of the goods is guaranteed in 7 working days.
During the purchase procedure, if you have NOT made any purchases yet, you will need to fill in a special electronic form, where you will specify the USERNAME and PASSWORD that you will use every time you need to purchase.
16 – PROCESSING OF PERSONAL DATA
In compliance with the law n.675 of 31 December 1996 on the processing of personal data, Tartufi e Sapori di Acqualagna Tartufi S.r.l considers the information collected relating to you and your orders and purchases strictly confidential.
Personal data is collected in order to register the user to provide him with personalized services and to allow him to order and purchase products.
The use of personal information will be limited to the sole purpose for which it was provided.
Tartufi e Sapori di Acqualagna Tartufi S.r.l undertakes not to disclose or sell personal information for promotional purposes.
The customer can request at any time:
a) confirmation of the existence of their data and the communication of the same and of the logic that provides for their processing;
b) modification and updating of data;
c) the cancellation of data or transformation into anonymous form.