TERMS AND CONDITIONS (unofficial English translation)
(as per Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent modifications and additions)
Introduction
Terms and conditions of sale (hereinafter "Terms") refer to the online sale of products and services provided by www.famigliagastaldello.it (hereinafter “Website”) in compliance with Italian laws as per Legislative Decree 206/2005 et seq. (hereinafter “Consumer Code”).
Terms and conditions of sale cover goods for sale by CASA DEL PARMIGIANO DI GASTALDELLO LUIGI & FIGLI S.N.C. based in MAROSTICA (VI), PIAZZA CASTELLO, 25, registered with the Camera di Commercio di VICENZA (chamber of commerce) No. 02293720245 (formerly No. VI012-7595 – Registration REA 220633) of the Company Register, tax code No. 02293720245 VAT registration Number 02293720245, telephone +39042475071, E-mail address info@famigliagastaldello.it, certified E-mail casadelparmigiano@pecancit.it (hereinafter “Supplier”).
Anyone using the website in order to purchase (hereinafter “Customer”) is advised to read these Terms and Conditions.
1) DEFINITIONS
1.1 The term «online purchasing contract» refers to the purchasing agreement between the buyer and the seller of goods sold by the Supplier, who manages sales through telematic means.
1.2 The term «Purchaser» refers to the buyer as a natural person buying for purposes other than selling, or any other trading activity such person may perform in his/her professional capacity.
1.3 The term «Supplier» refers to the provider of the sales and information services.
1.4 Should the person purchasing from the website ask for an invoice and/or be not a “consumer or user”, pursuant to article 3, comma 1, letter a) of the Consumer Code, right of withdrawal provisions, pursuant to articles 7 and 8 of these Terms & Conditions, shall not be applicable, nor such provisions that, according to the Consumer Code, apply only to “consumers”. Any agreement finalised with the Supplier through the website is governed by these Terms & Conditions according to Italian Law.
The language of the contract is Italian; the translation is unofficial.
2) PURPOSE OF THE CONTRACT
2.1 This contract governs sales and purchases between the Supplier and the Purchaser, by way of remote selling, of the goods described and sold on the website www.famigliagastaldello.it/shoponline.
2.2 For a list of the products mentioned above, see the web page: www.famigliagastaldello.it/shoponline
3) CONTRACT TERMS
3.1 This contract is stipulated between the Supplier and the Purchaser exclusively for the online sale and purchase of goods through the website www.famigliagastaldello.it accessed by the Purchaser. The Purchaser will be able to purchase goods, as per 2.1, by following the procedures outlined on the website.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The online purchasing contract is finalised with the filling of the request form by the Purchaser and his/her consent to the online purchase manifested through the filling and forwarding of the form, after visualisation of a printable web page outlining the order, the details of the purchaser and of the goods purchased, their price, their shipping costs and any other cost, the terms of payment, the shipping address, the terms of shipping and the existence of a right of withdrawal.
4.2 When the Supplier receives the order from the Purchaser, he will send a confirmation e-mail, or a visualisation of a printable web page, outlining such confirmation together with a summary of the order including all details as per 4.1. The Purchaser must check the confirmation e-mail and will have 12 hours to rectify any mistake in the e-mail by e-mailing info@famigliagastaldello.it or through the website using the relevant form provided and accessible via the “Assistance” tab. Once the 12 hours have elapsed, the order will be prepared for shipping.
4.3 The contract is not deemed as concluded and effective if defective as per 4.2.
5) CHOOSING AND ORDERING PRODUCTS
5.1 Prices and characteristics of products sold on the website (hereinafter “Product” or “Products”) are outlined on the relevant product page. In order to buy the Products, the Purchaser must fill in and send the electronic form by following the instructions provided. The Purchaser must add the product to the cart and, after checking the Terms and Conditions and the Privacy Policy (and confirmed their acceptance), must provide shipping and invoicing details, if any, then select a form of payment and confirm the order.
5.2 The sending of the order serves as a contract proposal; the Purchaser acknowledges and declares that he/she has read all the information provided during the purchasing operations and accepted, in full, the General Conditions and Payments Terms provided.
5.3 Once the order is received, the Supplier will check the stock in order to dispatch the order. Should one or more products not be available, Customer Service will immediately inform the Purchaser, who will have 12 hours to either confirm the shipping of the available products, if any, or to cancel the order. Once the 12 hours have elapsed and no communication is received from the Purchaser, the order is understood as confirmed and the available products are shipped. The amount corresponding to the unavailable products will be credited or, depending on the form of payment chosen, will not be debited to the Purchaser.
6) PRODUCT INFORMATION
6.1 Information and characteristics of the Products, together with their unit price, are available on the Website.
6.2 Visual representations of the Products on the Website, where available, usually match the photographic image relating to the product description. The image of the Products serves the purpose of presenting products for sale and may not be perfectly representative of their characteristics and quality and may differ in colours and dimensions.
6.3 Should the image and the written product description differ, please refer to the description rather than to the image provided.
6.4 It is always possible to request further information about any product by contacting Customer Service directly from the product description file using the form provided and the “Ask a Question on this Product” tab.
6.5 It is also always possible to ask for further information by contacting Customer Service directly from the Website by using the form provided by clicking the “Assistance” tab.
7) PRODUCTS AVAILABILITY
7.1 The Supplier ensures, by means of a telematic system, the fulfilment and shipping of an order in the shortest possible time. The electronic catalogue is updated in real time and shows availability or non -availability of every product. Unavailability may also be inferred where the sale price shows as “0” – “zero”.
7.2 Should an order be made for quantities exceeding the available stock, the Supplier will contact the Purchaser, either by e-mail or phone, to explain that the Product is no longer available, or to inform of the waiting time to determine the confirmation, or cancellation, of the order.
7.3 The Supplier's IT system confirms in the shortest possible time the registration of the order by sending the Purchaser an e-mail, according to 4.2.
8) PRICES
8.1 All sale prices of Products shown on the Internet Website www.famigliagastaldello.it/shoponline are in euro and constitute an offer to the public according to Article 1366 of the Italian Civil Code.
8.2 Sale prices, as per 8.1, include VAT and any other tax.
8.3 Shipping costs and possible related charges (i.e. import duty), when applicable, will be mandatorily shown and calculated during the purchasing procedure before the Purchaser sends the order and are also shown in the summary web page of the order.
8.4 Prices corresponding to each Product offered to the public are valid until the fulfilment of the order of the Products chosen by the Purchaser, as outlined in the confirmation e-mail, or in the web visualisation of such confirmation and summary of the order, a printable page in which all details pertaining to the order made by the Purchaser are included.
9) PAYMENT AND REIMBOURSEMENT TERMS
9.1 Payment on the part of the Purchaser may only take place in one of the ways outlined in the relevant page by the Supplier.
9.2 Any reimbursement to the Purchaser shall be credited through a way proposed by the Supplier and chosen by the Purchaser in a timely fashion and, in case of Right of Withdrawal, as governed by clause 17, paragraph 2 et seq. of this contract, within a maximum delay of 30 days from the date in which the Supplier is informed of the withdrawal.
9.3 All communication concerning payments takes place by means of the Supplier's dedicated line protected by an encryption system. The Supplier guarantees a further level of security encryption according to the applicable regulations covering personal data protection.
10) PAYMENT METHODS
10.1 Accepted forms of Payment: Credit Card, MyBank, bank wire transfer or cash on delivery.
10.2 Credit Card: Visa – Visa Electron – MasterCard – Maestro. In order to guarantee maximum security, payments go through the bank's secure server.
The Website does not store the Purchaser's credit card number, but thanks to the protected communication system of the banking institution, the Purchaser can, starting from the second order, dispense with the manual uploading of his/her data, but only after selecting the relevant option. The banking institution uses SSL protocols to encrypt data transmitted from its server to the Purchaser's browser.
10.3 MyBank: MyBank is an e-authorisation solution which enables safe digital payments and identity authentication through a consumer’s own online banking portal or mobile application. Banking security is at the core of MyBank. MyBank creates a direct link between a customer’s online bank account and the online business’s bank which eliminates the need to collect and store personal data. Customer identity and confidential data are protected. Immediate authorisation of payments reduces risk of fraud and charge-backs. With MyBank, trust and confidence in online transactions is increased.
HOW DOES IT WORK?
1. Select MyBank as your payment method and type the name of your bank. You are automatically directed to your own online banking portal.
2. Enter your familiar online banking access passwords to securely enter your account. Your payment details are automatically displayed for your verification.
3. Authorize the payment. In a few seconds you and the online business both receive confirmation of payment.
4. Your order is successfully processed and your goods or services are on their way.
10.4 Bank Wire Transfer: the Purchaser shall order the wire transfer within 3 (three) days from order confirmation; to speed up the procedure, purchasers are advised to forward a copy of the wire transfer order to the Supplier (E-mail: info@famigliagastaldello.it). Failing that, the order shall be cancelled and the goods will be made available for sale to other clients.
When a Purchaser fails to make the wire transfer, he/she may be contacted by Customer Service in order to ascertain whether the missing payment is due to the Purchaser's unwillingness to confirm the order or other reasons (e.g. bank error).
Bank Wire Transfers must be made to: Casa del Parmigiano di Gastaldello Luigi & figli s.n.c., Piazza Castello, 25 – 36063 Marostica (VI) – Bank details: UNICREDIT – Agenzia di Marostica (VI) – IBAN: IT-21-F-02008-60500-000103576892 BIC CODE: UNCRITM1M66; the Purchaser must specify the date and order number, stated in the e-mail confirmation (e.g. “Order 01/03/14 No. 000123456).
10.5 Cash on Delivery: this payment method is available only for deliveries in Italy and for amounts not exceeding what is foreseen by law at the time of the order. Payment must be made on delivery of the Products and can only be made in cash. For Cash on Delivery payments no other payment is asked of the Purchaser.
10.6 Withdrawal at the store: the Customer may optionally choose to collect the products directly in the store, paying in this case for withdrawal by cash or by credit card or Pago Bancomat.
10.7 PayPal - NOT YET AVAILABLE: once the order is confirmed, the Purchaser shall be directed to the PayPal website where he/she can pay from his/her bank account or use a credit card, even a prepaid card, or otherwise according to the terms and conditions of the website. NOT YET AVAILABLE
10.8 Prepaid Card/ Online Gift Card - NOT YET AVAILABLE: the Purchaser must enter the prepaid card/online gift card data after choosing this payment method, if available. NOT YET AVAILABLE
10.9 Invoicing: whenever and order is made by a trade professional, it will be possible to ask for an invoice to be issued by selecting the relevant option on the order form and by entering the data of the tax code and/or VAT Registration Number. Invoices will be sent by e-mail to the address provided. The trade professional is responsible for giving the correct details for the invoice and is advised to request an invoice at the time of ordering, as it will be impossible to issue an invoice at a later date.
11) DELIVERY TIMES AND TERMS
11.1 The Supplier will deliver the selected goods according to the Purchaser's preferred way, or as outlined on the Website, as confirmed with the e-mail, see item 4.2.
11.2 Delivery times may change from same-day delivery to up to 7 working days from the confirmation of an order. In the event of the Supplier being unable to deliver within that time, the Purchaser will be duly informed by e-mail or telephone.
11.3 Shipping methods, times and costs are also clearly outlined and highlighted at www.famigliagastaldello.it/spedizionieresi.
12) SHIPPING
12.1 Shipping in Italy: goods travel by Courier (GLS Executive Courier Services) and shipping costs vary slightly according to whether goods are shipped to the islands or within the Italian mainland. Shipping costs will be notified to the Purchaser at checkout and anyway always before purchase confirmation; they are also clearly outlined in the section Shipping and Returns of the Website. When the Purchaser selects a Country of destination, shipping costs will update automatically.
12.2 Shipping outside Italy: goods travel by Courier (GLS Executive Courier Fast Truck System) and shipping costs vary according to the Country of destination. Shipping costs will be notified to the Purchaser at checkout and always before purchase confirmation; they are also clearly outlined in the Shipping and Returns section of the Website. When the Purchaser selects a Country of destination other than Italy, shipping costs will update automatically.
12.3 European Countries where it is possible to receive the Products are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, France 2 (Corsica), Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Norway, Holland, Poland, Portugal (except for Madeira and The Azores), Principality of Monaco, Slovak Republic, Czech Republic, Romania, Slovenia, Spain, Spain 2 (Balearic Islands - except for Canary Islands, Andorra, Ceuta, Melilla, Gibraltar), Sweden and Hungary.
12.4 Countries where it is not yet possible to receive the Products: Great Britain (England, Wales), Great Britain 2 (British Isles, Scotland, Northern Ireland), Liechtenstein, Norway, Iceland, Madeira, The Azores, Canary Islands, Andorra, Ceuta, Melilla, Gibraltar, Switzerland and Turkey.
12.5 Perishable products: the utmost care is observed in the shipping of perishable products and polystyrene containers equipped with food-grade synthetic ice are provided to guarantee and preserve their freshness. Should any potentially dangerous condition arise (weather, timing, industrial actions, etc.) that may compromise shipping conditions, the Supplier will contact the Purchaser and agree on the best measures to be implemented.
13) SHIPPING AND DELIVERY
13.1 Products purchased on the Website will be delivered at the Purchaser's address, as entered by the Purchaser by filling in the Delivery Details boxes.
13.2 All purchases will be delivered by courier (hereinafter “Courier”) from Monday to Friday, except for holidays, National Holidays and Bank Holidays. The Supplier cannot be held responsible for unforeseeable delays or for any delay not ascribable to him. Once the Products have been shipped, the Purchaser will receive a confirmation e-mail with a link for the traceability of the consignment.
13.3 In any case, except in case of force majeure or unforeseeable events, the Products will be delivered within 7 (seven) working days starting from the day after an order confirmation e-mail is sent to the Purchaser by the Supplier. This term is valid for deliveries in Italy only. For deliveries outside Italy, for some of the Countries listed in item 11.3, longer delivery times, in no way attributable to the Supplier, may apply.
14) OPERATING SHIPPING SERVICES IN ITALY
14.1 Shipping is entrusted to GLS Executive couriers. The Courier will make two attempts to deliver the Products at the address indicated by the Purchaser. After the second, failed, attempt the goods will remain on hold at the Courier's for a maximum of ten working days (and then irrevocably returned to the Supplier). In case of goods held by the Courier, an “undeliverable merchandise” file will be created, and the Supplier mandatorily notified by e-mail or fax. Such situation can be solved only by the Supplier who will contact the Purchaser and agree on a new delivery attempt. In such instance, however, the Courier will be entitled to payment for this new delivery. Should payment be requested by the Courier, the Purchaser must pay the Courier in cash at the time of delivery. The Supplier takes active steps to avoid any inconvenience to the Purchaser.
15) OPERATING SHIPPING SERVICES OUTSIDE ITALY
15.1 Shipping is entrusted to GLS Executive couriers for shipping outside Italy, too, but final delivery may involve other couriers, according to the Country of destination, to guarantee to the Purchaser the best possible prices.
The maximum weight for any consignment to be delivered outside Italy is 30 Kilos for single box.
The Courier will make two attempts to deliver the Products at the address indicated by the Purchaser. After the second, failed, attempt the goods will remain on hold at the Courier's for a maximum of ten working days (and then irrevocably returned to the Supplier). In case of goods held by the Courier, an “undeliverable merchandise” file will be created, and the Supplier mandatorily notified by e-mail or fax. Such situation can be solved only by the Supplier who will contact the Purchaser and agree on a new delivery attempt. In such instance, however, the Courier will be entitled to payment for this new delivery. Should payment be requested by the Courier, the Purchaser must pay the Courier in cash at the time of delivery. The Supplier takes active steps to avoid any inconvenience to the Purchaser.
Countries where the service is operative: Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, France 2 (Corsica), Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Norway, Holland, Poland, Portugal (except for Madeira and The Azores), Principality of Monaco, Slovak Republic, Czech Republic, Romania, Slovenia, Spain, Spain 2 (Balearic Islands - except for Canary Islands, Andorra, Ceuta, Melilla, Gibraltar), Sweden and Hungary.
Countries where it is not possible to receive the Products yet: Great Britain (England, Wales), Great Britain 2 (British Isles, Scotland, Northern Ireland), Liechtenstein, Norway, Iceland, Madeira, The Azores, Canary Islands, Andorra, Ceuta, Melilla, Gibraltar, Switzerland and Turkey.
16) SHIPPING COSTS
16.1 ITALY: Italy € 15,00 - Italy 2 (Islands) € 20,00
16.2 OUTSIDE ITALY: Austria € 20,00 - Belgium € 20,00 - Bulgaria € 40,00 - Croatia € 30,00 - Cyprus € 90,00 - Denmark € 30,00 - Estonia € 40,00 - Finland € 50,00 - France € 25,00 - France 2 (Corsica) € 90,00 - Germany € 20,00 - Greece € 50,00 - Greece 2 (Islands) € 120,00 - Ireland € 35,00 – Latvia € 35,00 - Lithuania € 35,00 - Luxembourg 20,00 - Malta € 70,00 - Holland € 20,00 - Poland € 30,00 - Portugal € 30,00 – Slovak Republic € 35,00 – Czech Republic € 30,00 - Romania € 30,00 - Slovenia € 20,00 - Spain € 25,00 - Spain 2 (Balearic Islands) € 70,00 - Sweden € 35,00 - Hungary € 30,00
17) RIGHT OF WITHDRAWAL
17.1 The Purchaser has the right to withdraw from the purchasing contract for any reason whatsoever, without the need for an explanation and without incurring in any penalty, except for the exclusion clauses further outlined in this chapter 17 “Right of Withdrawal” and in the same chapter “Deliveries and Returns” on the Website. In order to exert this right, the Purchaser must send written communication to the Supplier within 14 days from the date of receipt of the Products or, should the Purchaser decide to avail him/herself of such right before receiving the Products, such communication can be sent at any time before their delivery.
Right of Withdrawal communication shall be sent by registered mail only, to: Casa del Parmigiano di Gastaldello Luigi & figli s.n.c., Piazza Castello, 25 – 36063 Marostica (VI), or by Certified Electronic Mail to casadelparmigiano@pecancit.it and anticipated by E-mail to info@famigliagastaldello.it to allow the Supplier to take immediate action.
Customer Service will create a file for the management of the returned goods and will communicate to the Purchaser instructions on how to return the Products, which will take place with a Courier chosen by the Supplier.
17.2 Right of Withdrawal shall be thus regulated:
a) right of withdrawal is applicable to the Product purchased as a whole; whenever the Product is made up of more parts, right of withdrawal cannot apply to part, or parts, of the Product.
b) when right of withdrawal is invoked by the Purchaser, the Supplier will refund the Purchaser the entire sum of the returned goods, shipping costs included, whenever applicable, within 14 (fourteen) days from reception of notification, it being understood that the Supplier has the right to suspend refund of the payment until reception of the goods. The refund will be made using the same method of payment used by the Purchaser, unless the latter requests otherwise. In the case of wire transfer, the Purchaser must provide full bank details (bank account holder name, bank address and IBAN).
c) Towards ensuring free-of-charge returns according to chapter 7, Products must be returned in the same box/package they were originally delivered with.
d) Besides the cases outlined in the Premise (i.e. Purchaser not being a Consumer requesting an invoice), right of withdrawal is not applicable in the following instances, pursuant to article 59, Legislative Decree 21/2014:
- any order of Products that have been taylor-packaged or clearly personalised;
- any order of Products at risk of deterioration, or that is going to expire rapidly;
- any order of sealed/vacuum packed Products that can not be returned for hygienic reasons, or for reasons otherwise connected to Health & Safety, or Products that have been opened after delivery.
17.3 With reference to the exclusion cases referred to above, the Purchaser is informed and must accept that Products that risk deterioration, or that are rapidly going to expire, include all food Products (including wines, alcoholic drinks and drinks in general), as characteristics and qualities of such Products are subject to being damaged even just because of inappropriate conservation.
For these reasons of hygiene and to protect the public, right of withdrawal covers only those Products purchased from the Website that can be put back for sale without jeopardising consumers' health (i.e. books, gadgets, kitchen tools, etc.)
17.4 In case of exclusion from the right of withdrawal, the Supplier will send back to the Purchaser the Products bought, billing the latter with shipping costs.
18) FREE-OF-CHARGE RETURNS FOR RIGHT OF WITHDRAWAL
18.1 To ensure the best possible advantage to the Purchaser, the Supplier will cover shipping charges in full for the return of the Products in case of right of withdrawal. In order to benefit from free shipping, the Purchaser willing to exert right of withdrawal must adhere to the outlined procedure in 6.1 and wait to be contacted by the Supplier to agree on the delivery of the Products to the Courier.
19) GUARANTEES AND LACK OF CONFORMITY
19.1 In case of lack of conformity of the Products sold by the Supplier, the Purchaser must inform Customer Service immediately using the form provided, accessible on the Website with the “Assistance” tab.
19.2 Products sold are covered by legal guarantees pursuant to articles 129, 130 and 132 of the Consumer Code. The Purchaser has a right, on condition that the Product allows for it, to have the Product repaired or replaced free of charge, or to a fair reduction in price, or to resolve the contract. The Purchaser forfeits all rights when failing to report to the Supplier the lack of conformity within two months from the date he/she discovered the defect, unless the Product is by its own nature subject to perishing or expires before that date and the defect must be reported within that, shorter, term.
20) LIMITATIONS OF LIABILITY
20.1 The Supplier assumes no liability for disservices due to force majeure in the event of being unable to fulfil an order within the terms of the contract.
20.2 The Supplier assumes no liability, except for instances of wilful misconduct or gross negligence, for any disservice to the Purchaser, nor for any malfunctioning linked to the use of the web that are beyond his control, or that of his subcontractors.
20.3 The Supplier assumes no liability for damages, losses or costs incurred by the Purchaser following the non-execution of the contract for causes not attributable to him, as the Purchaser has a right to the whole refund of the price paid and of other expenses incurred, if any, only.
20.4 The Supplier assumes no liability in case of fraudulent and illicit use by third parties of credit cards, cheques or others methods of payment at the moment of payment of the Products purchased, as long as he can prove he has adopted all possible means of caution to the best of his knowledge and experience at the time, on the basis of ordinary diligence.
20.5 The Purchaser cannot, in any circumstance, be held liable for delays or errors in the payment as long as he/she can prove to have acted in accordance with times and methods as outlined by the Supplier.
20.6 Information on the Products given on the Website are constantly updated. It is nevertheless impossible to guarantee a total absence of errors; therefore, the Supplier accepts no liability, except for wilful misconduct or gross negligence.
20.7 The Supplier reserves the right to correct any mistake, imprecisions and/or omissions even after an order has been sent, or to change and/or update the information without notice, it being understood the rights of the Purchaser according to these General Terms and the Consumer Code are safeguarded.
20.8 Except for wilful misconduct and gross negligence, the Purchaser will have no right to damages or indemnities, nor any contractual or extra-contractual liability for damage to people and/or property caused by the non-acceptance or fulfilment of an order, even if only partially.
20.9 The Supplier promotes responsible drinking behaviour and excludes any liability, except for wilful misconduct or gross negligence, in the instance of a purchase being made by a person who is under the legal drinking age.
21) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: SUPPLIER'S OBLIGATIONS
21.1 Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for the damage caused by defects of the goods if he omits to communicate to the damaged party, within three months from the demand, the identity and domicile of the producer, or of the person who supplied him with the goods.
21.2. The damage request on the part of the damaged party must be put in writing and must describe the product that caused the damage, the place, and the date of the purchase; it must also include the readiness to show the product, if still existent, and must be sent by registered mail to Casa del Parmigiano di Gastaldello Luigi & figli s.n.c., Piazza Castello, 25 – 36063 Marostica (VI) or by certified e-mail to casadelparmigiano@pecancit.it and anticipated by E-mail to info@famigliagastaldello.it to allow the Supplier to intervene within the shortest possible delay.
21.3 The Supplier cannot be liable of the consequences deriving from a defective product when the defect is due to the conformity of that product, a legal requirement, or a binding provision, or if the state of technical and scientific knowledge at the time when the producer introduced the product to the market could not yet deem the product defective.
21.4 No compensation is due when the damaged party was aware of the defect of the product and the ensuing danger and, nevertheless, willingly exposed him/herself to it.
21.5 In all cases the damaged party must prove the defect, the damage and the causal link between defect and damage.
21.6 The damaged party can claim compensation caused by death or personal injury, or the destruction, or deterioration of property other than the defective product, as long as such property is for ordinary and/or private use and normally used by the damaged party.
21.7 Damage to property, pursuant to article 123 of the Consumer Code, will be compensated only for amounts exceeding Euro 387,00.00 (three-hundred-and-eighty-seven-euros).
22) GUARANTEES AND ASSISTANCE
22.1 The Supplier is liable for any defects manifesting within a period of two years from delivery of the goods, except for those products that have a shorter expiry date.
22.2 For the purposes of this contract it is presumed that the goods comply with the contract if, whenever applicable, the following circumstances coexist: a) they are fit for use for the purpose to which similar goods are deemed to be fit for that use; b) they conform to the description made by the Supplier and present those qualities the Supplier has offered the consumer as a sample or model; c) they share those characteristics and performance of goods of the same kind, such as the consumer can reasonably expect, taking into account the nature of the goods and, if applicable, the public statements made about the goods by the Supplier, the producer, or his/her agents or representative, especially in advertising or through labelling; d) they are fit for the use desired by the consumer as reported to the Supplier at the time of finalisation of the contract and that the Supplier has accepted, also by means of conclusive evidence.
22.3 The Purchaser forfeits all rights if he/she does not report to the Supplier the defect of conformity within the delay of two months from the date in which the defect has been discovered. The report can be dispensed with if the Supplier recognises the presence of the defect, or has concealed it.
22.4 In any way, except when differently proved, it is presumed that conformity defects manifesting within the delay of six months from delivery date already existed at such a date, unless this hypothesis is incompatible with the nature of the goods or the nature of the conformity defect.
22.5 In case of defect of conformity, the Purchaser can request, as an alternative and without incurring any cost according with the terms hereafter outlined, the reparation or replacement of the purchased goods, or a reduction of the purchasing price, or the resolution of this contract, unless such request is objectively impossible to satisfy, or is otherwise excessively onerous for the Supplier to fulfil, pursuant to article 130, paragraph 4 of the Consumer Code.
22.6 The request must be made in writing by registered mail to: Casa del Parmigiano di Gastaldello Luigi & figli s.n.c., Piazza Castello, 25 – 36063 Marostica (VI), or by certified E-mail to casadelparmigiano@pecancit.it and notified by E-mail to info@famigliagastaldello.it to allow the Supplier to intervene in the shortest possible delay. The Supplier will show his readiness to accept the request, or the reasons that do not allow him to proceed, within seven working days from reception. In the same written communication, if the Supplier has accepted the Purchaser's request, the Purchaser must detail the method of shipment or the return of the goods and the foreseeable delay for the return or replacement of the defective goods.
22.7 Whenever reparation or replacement should prove impossible, or excessively onerous, or when the Supplier has not repaired or replaced the goods or, finally, replacement or repair have caused notable inconvenience to the Purchaser, he/she may ask for a congruous reduction in price or the resolution of the contract. The Purchaser must, in this case, forward his/her request to the Supplier, who will confirm his readiness to proceed, or the reasons that do not allow him to proceed, within seven working days from reception.
22.8 In the same communication where the Supplier has accepted the request by the Purchaser, the Purchaser must outline the proposed reduction in price, or the way in which the defective goods must be returned. It will fall to the Purchaser to outline the methods to credit the sums previously paid to the Supplier.
23) OBLIGATIONS OF THE PURCHASER
23.1 The Purchaser commits to paying the price of the goods purchased within the terms and manners outlined in the Contract.
23.2 The Purchaser commits, once the purchasing procedure is finalised, to print and store this contract.
23.3 Information contained in this contract have, moreover, already been read and accepted by the Purchaser, who acknowledges this as mandatory requirements before confirming the purchase.
24) CAUSES FOR TERMINATION
24.1 The obligations accepted by the Purchaser, according to item 9.1, and accepted by the Purchaser, including payment guarantee, and the Purchaser commitments as per item 10.1, together with the exact adherence to the obligations assumed by the Purchaser as per item 11 are all requisites, therefore non-fulfilment of one of the obligations, when not determined by fortuitous happenings or force majeure, will result in the termination of the contract pursuant to article 1456 of the Civil Code, without the need for recourse to judicial ruling.
25) HOW CONTRACTS ARE STORED
25.1 According to article 12 of Legislative Decree 70/03 the Supplier informs the Purchaser that every ordered received will be kept in digital and/or paper form in the server and/or the Supplier's registered office in compliance with confidentiality, privacy and security best practices.
26) COMMUNICATIONS AND COMPLAINTS
26.1 Written communications to the Supplier, together with any complaint, will be deemed valid only when addressed to: Casa del Parmigiano snc, Piazza Castello, 25 – 36063 Marostica (VI), or notified by E-mail to info@famigliagastaldello.it, or to the certified E-mail: casadelparmigiano@pecancit.it
The Purchaser must enter in the registration form provided details of his/her residence or domicile, telephone number, or e-mail address to which communications from the Supplier must be sent.
27) SETTLEMENT OF DISPUTES
27.1 Any dispute arising from this contract will be referred to the Chamber of Commerce of Vicenza and settled pursuant to regulations of its Conciliation Committee.
27.2 Should the Parties decide to resort to legal proceedings, the Jurisdiction will be that of the place of residence, or chosen domicile of the Purchaser, exclusively, pursuant to article 32, paragraph 2, letter u) of Legislative Decree 206/2005.
28) GOVERNING LAW AND INDICTMENT
28.1 This contract is governed by Italian law.
28.2 Anything not specified and/or provided for in this contract is governed by laws governing relationships and matters pertaining to this contract and in particular article 5 of the Rome Convention of 1980.
28.3 Pursuant to article 60 of Legislative Decree 206/05, reference is called to regulations included in Part III, Title III, Chapter I of Legislative Decree 206/05.
29) FINAL CLAUSE
This contract deletes and replaces any agreement, understanding and negotiation, whether written or verbal, having formerly taken place between the Parties.
