TERMS AND CONDITIONS OF PASTAESPAGHETTI.COM
(pursuant to Chapter I, Title III, Part III, of Legislative Decree No. 206/2005 and subsequent amendments and additions)
1. Preamble and effectiveness of the General Conditions
These general terms of sale (hereinafter, “Terms and Conditions“) are prepared in accordance with the provisions of Legislative Decree No. 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”), which govern the sale and supply of products and services through the website www.pastaespaghetti.com (hereinafter, the “Website”).
Products are sold by: D.E.A. S.r.l. with registered office in Via dell’Artigianato 37014 Castelnuovo del Garda (VR), Tax code/VAT number and business identification number recorded in the Verona Business Registry No. , REA (Economic and Administrative Index) No.: – Email address: firstname.lastname@example.org, which is the Seller and also the Owner of the Website.
Consumers who access this Website to purchase its products (hereinafter “Customers”) shall, before placing the order, read these Terms and Conditions available on the Web site, whose link is also contained in the confirmation email of each order placed, so that they can be reproduced and stored.
2. The Owner of PASTAESPAGHETTI.COM and related services
Via dell’Artigianato n. 12,
37014 Castelnuovo del Garda (VR)
Tax code/VAT number and business identification number recorded in the Verona Business Registry No. ,
REA (Economic and Administrative Index No.): –
3. Information on PASTAESPAGHETTI.COM
PASTAESPAGHETTI.COM is an online sales service of high quality Italian culinary products, specially selected for its customers.
4. User generated content
Users are responsible for their own content and content of a third party shared on PASTAESPAGHETTI.COM, uploaded, posted or shared in any other way. Users release the Owner from any liability arising from the illicit spread of third-party content or use of PASTAESPAGHETTI.COM, in a manner contrary to law.
The Owner does not moderate any content posted by Users or a third party, but is committed to take action against any individual posting any defamatory, illegal or offensive content, as reported by Users or by public authorities.
5. Rights to use User generated content
The only rights granted to the Owner in relation to User generated content are those required for the operation and maintenance of PASTAESPAGHETTI.COM.
6. Third-party content
The Owner does not moderate any third-party content or links posted on PASTAESPAGHETTI.COM. The Owner shall not be held liable for such content and its accessibility.
8. Choosing products and placing order
The features and the price of the products sold on the Website (hereinafter the “Product” or “Products”) are listed on each single product page.
In order to purchase the Products, Customers shall fill in and send the online order form, following the instructions on the Website. By placing an order on the Website, which has the value of a business proposal, Customers acknowledge and declare having read all the instructions provided during the purchase procedure and accept the Terms and Conditions and payment conditions specified on the website itself.
The contract entered into between D.E.A. S.r.l. and the Customer shall be concluded upon acceptance of the order by D.E.A. S.r.l. This acceptance is communicated to Customers through an email confirming the order that will also contain the link to the General Conditions, the order number, shipping and billing data, the list of products ordered and their essential characteristics and the total price, including delivery charges. Customers shall check the confirmation email and report any error contained in it within 12 hours from the receipt of this email by contacting our Customer Service directly from the Website, using the contact form accessible via the tab “Customer Service”. After that time, the order will be processed to be shipped and we will no longer accept changes to the order, without prejudice to the Consumer rights described in Article 7.
After receiving the order, D.E.A. S.r.l. will check stock availability, in order to process the order itself. In the event that one or more Products are not available, the Customer Service of D.E.A. S.r.l. will promptly send an email to the Customer who has the right to reply to confirm the dispatch of any additional Products or cancel it within the next 12 hours. Failure to reply within this time period will result in the confirmation of the order and all available Products will be shipped. In this case, the entire amount for the missing products will be credited on a special Gift Card to be used by the Customers for further purchases on the Website. Prices, descriptions or availability of the products displayed are subject to change without notice. The pictures posted on the Website are for information only and do not guarantee product quality or consistency.
8. Product Information
The information and specifications relating to the Products are available on the Website with the relevant product codes. The visual representation of the Products on the Website, if available, usually corresponds to the photographic image accompanying the product description. It is understood that the pictures of the Products themselves are for information only and do not guarantee the perfect correspondence of its features and quality but may differ in colour and size. In case of difference between the image and the product description, please refer to the product description.
9. Prices & Shipping
A minimum order quantity is not required. Product prices are inclusive of all taxes and fees. All prices are expressed in euros.
9.1 Best price guarantee terms and conditions
PASTAESPAGHETTI.COM is an online store selling gourmet products at the best price available on the Internet. Through an accurate online price monitoring system, we are able to offer our customers every single product at the best price.
9.1.1 Why do we really guarantee our customers the best price on the Internet?
If our Customers find the same product on another Italian website at a lower price (net price, VAT or other taxes not included), within 15 days, they will be entitled to a discount equal to the difference between the two prices, for a later purchase of any product available on our Website.
The discount will be applied only if all terms and all the conditions set out below are met:
- Customers must have validly purchased a product on our Website, and should not have subsequently exercised his right of withdrawal provided by contract;
- The lower price found on the Internet must refer to products of the same type, same quality, with the same characteristics and quantity of those validly purchased on our website, and in particular:
– same type and quality of product (Barolo, Barbaresco, Brunello, etc…);
– same year;
– same producer;
– same size;
– same number of products purchased.
c) The product with the lower price must be visible and sold only online, on another Italian website accessible to the public and to PASTAESPAGHETTI.COM.
d) PASTAESPAGHETTI.COM best price guarantee applies only to the prices published on our website.
d) The price difference shall actually be verified by PASTAESPAGHETTI.COM and must not be less than 50 cents.
e) Customers must buy the next product no later than 60 calendar days from the moment they are informed of the coupon received.
The offer in question can not be applied in the following cases:
– the lower price found on the Internet is not publicly guaranteed;
– the lower price is found on websites with “unclear” sales conditions, or where the dealer’s name, the type of product, the year, the producer, the size can not be immediately identified;
– the lower price found on the Internet is not published and is not available to the public, such as business rates, prices reserved for the staff, wholesale prices, prices for purchasing groups, prices that are disclosed only after the purchase;
– the lower price found on the Internet is the discounted price offered by the retailer, through the application of coupons, loyalty rewards and / or other offers or incentives to reduce the total cost of the product;
– the lower price found on the Internet is vitiated by a mistake of the retailer;
– the lower price found on the Internet is part of “promotional packages”, promotions, awards, exhibitions or other events;
– the lower price found on the Internet is published on offline websites;
– the lower price found on the Internet corresponds to products sold on auction websites (for example eBay);
The offer in question can not be applied also in cases where customers are receding from the purchase contract.
PASTAESPAGHETTI.COM reserves the right to modify and/or cancel the terms and conditions that govern this initiative at any time and without prior notice.
9.2 Shipping to Italy:
Shipping to Italy is free with a purchase of at least 75,00€.
9.3 Shipping to foreign countries (listed on the website):
For purchases above 149,00 €, shipping is free. Shipping charges apply only to orders of less than 149,00 € and will vary depending on the destination country. These rates do not apply to shipping to countries not directly selectable on our website. In this case, customers are required to contact our “Customer Service” to receive a quotation. When customers select a destination country other than Italy, shipping charges will be automatically updated.
10. Payment and billing
10.1 Payment Methods
Customers can pay for the Products and shipping expenses by credit card, PayPal and prepaid cards.
10.1.1 Credit Card
We accept the following credit cards:
Visa / Visa Electron
Mastercard / Maestro
To ensure maximum security, Customers will make the payment transaction directly through the bank server.
Our website does not store the credit card number of customers, but thanks to the secure communication system of the reference bank, they can, if they want to, purchase Products without re-entering their data, starting from their second purchase. The reference bank uses the SSL protocol to encrypt data transmitted between its server and the browser used by the Customer.
Once the order is confirmed, Customers will be redirected to PayPal’s website where they will make the payment using their account or a credit card, also a prepaid card, or according to any other procedure accepted by PayPal and subject to the relevant conditions.
10.1.3 PASTAESPAGHETTI.COM Prepaid Card / Online Gift Card
Customers will have to enter the data of PASTAESPAGHETTI.COM Prepaid Card or Gift Card after choosing this payment method during the purchase process.
10.1.4 Bank transfer
Customers will have to pay by bank transfer within 3 days after placing the order. If this does not happen, the order will be canceled and the goods will be made available again for purchase by other customers. Customers who have not proceeded to make the bank transfer can be contacted by our Customer service in order to clarify whether the payment was not made because the Customer does not intend to confirm the purchase or due to other problems.
Data required for a bank transfer: account: D.E.A. S.R.L.
Bank: BANCO POPOLARE SOCIETA COOPERATIVA – BUSSOLENGO
Reason: Customers should specify bank transfer reason, date and order number, which can be found in the confirmation email (e.g. “Order No. 1000 of 01/01/15”).
Professionals can ask for an invoice by checking the appropriate box during the order process and by entering billing information, including their tax number and/or VAT number. In this case, the invoice will be sent via email to the address specified. Professionals are required to enter correct billing information and are expressly informed that, if they fail to request the invoice while placing the order, they will not be able to request it later.
11. Transport and delivery
Products purchased on our Website will be delivered to the address specified by the Customer during the purchase process in the field “Shipping Information”.
All purchases will be delivered by courier (hereinafter, the “Courier“) from Monday to Friday, except for public holidays and national holidays. D.E.A. S.r.l. shall not be held liable for unforeseen delays or delays that are not attributable to it.
Once the products are shipped, Customers will receive a confirmation email that will include a link to shipment tracking. In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of seven (7) business days from the day following that on which D.E.A. S.r.l. confirmed the order to the customer through the confirmation email.
12. Errors and limitations of liability
Information regarding Products provided on our Website are constantly updated. However, we can not guarantee the complete absence of errors for which, therefore, D.E.A. S.r.l. shall not be held liable, except in cases of willful misconduct or gross negligence.
D.E.A. S.r.l. reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these Terms and Conditions and the Consumer Code.
Except in cases of malice or gross negligence, Customers are not entitled to compensation for damages, or to any other compensation and any contractual or tortious liability for any direct or indirect damage to persons and/or property, caused by lack of acceptance or avoidance, even partial, of an order, will be excluded.
D.E.A. S.r.l. promotes responsible consumption of alcohol and shall not be held liable, except in case of malice or gross negligence, in the case of purchase made by persons under the age of 16.
The User agrees to indemnify the Owner (and any subsidiaries or affiliates, representatives, directors, agents, licensees, partners and employees), from any claim or dispute, including any legal fees incurred to defend itself in court, arising out of or related to damages caused to other Users or to third parties, in connection with the content posted on the Website, the violation of the law or the terms of these conditions of use.
Any complaint must be submitted to D.E.A. S.r.l. using the contact form available on the website directly via the tab “Customer Service”, or by registered letter with return receipt to the following address:
kind attention of Complaints Office
Via dell’Artigianato n. ,
37014 Castelnuovo del Garda (VR)
D.E.A. S.r.l. will respond to all requests received within a maximum of 7 business days.
15. Right of Withdrawal
In accordance with the provisions of Legislative Decree 206/2005, Customers, as consumers, can withdraw from the purchase contract, without any penalty and without specifying the reason, within 14 days from the date of delivery of the products purchased. In order to exercise the right of withdrawal, Customers will have to send, within that period, an e-mail to our Customer Service, specifying:
(i) the order number;
(ii) the number of the invoice, if requested when the order was placed;
(iii) the Products to be returned;
(iv) their bank details to receive a refund.
Customers will have to wait for a communication by D.E.A. srl authorising the return of the Products. Within 14 days after receipt of such notice, Customers will have to send, at their expense, the products they wish to return to the address provided by D.E.A. srl. Within 14 days after receiving the goods, D.E.A. srl will refund the Products returned, except for excluding
Products will be returned at the expense of the Customer who will also choose the means to be used. Customers will not be refunded in the event that the Products are lost or damaged. D.E.A. srl reserves the right to not accept the return of products that are damaged, broken or tampered with by returning them to the customer with an increase in transport costs.
16. Damaged products, non-conforming products or delivery failures
Upon receipt of the products, Customers are required to verify that these are the same products specified in the purchase order and that the packaging is intact and undamaged.
Products must be immediately verified by the Customer that, in case of errors and/or other abnormalities, shall report it by calling the Customer Service within 8 days after receiving them.
In case of damaged goods, we may require the Customer to return the bottle and to send an email to email@example.com with a picture showing the damage, in order to avoid similar problems in the future.
If the wine has a weird aroma, if it is corked or oxidized, or in the event that the organoleptic characteristics are compromised, the bottle will eventually be replaced. Being perishable products, Customers acknowledge that they must report to our Customer Service any abnormalities detected on the same, specifying the order number, no later than 24 hours after opening of the package. The bottle must be returned intact with at least 3/4 of the content, the same will be analyzed by the producer and replaced or the Customer will receive a voucher of the same value of the product purchased on PASTAESPAGHETTI.COM online store.
17. Applicable law and jurisdiction
The sales contract between the Customer and D.E.A. S.r.l. is stipulated in Italy and regulated by Italian law. For the resolution of disputes arising from interpretation, execution or termination of these Terms and Conditions or individual purchase orders, if the Customer is a consumer, pursuant the Consumer Code, the court of his municipality of residence or domicile, if located in the Italian territory, will have exclusive jurisdiction; in all other cases, the Court of Verona will have exclusive jurisdiction, any other competent court is excluded.
All figurative trademarks and wordmarks of the Application, and all other marks, trade names, service marks, trade names, pictures, images, logos appearing on PASTAESPAGHETTI.COM are and shall remain the exclusive property of its Owner or licensors and are protected by trademark laws and related international treaties.
Pursuant to Article 1341 of the Civil Code, Customers declare they have read and accept specifically the following articles of these Terms and Conditions: 6 (liability for delays in deliver), 10 (right to correct errors – limitation of liability).