Terms and Conditions of sale
Terms and Conditions of sale/Purchasing terms and Conditions/ General terms and
conditions – fiorinipasta.it
General Conditions pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions.
1 Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) govern the purchase of products and services, carried out remotely and made available, via the internet, from the website www.fiorinipasta.it (hereinafter, the “Site”) in compliance with Italian law
pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Site is: Pastificio Artigianale Fiorini with registered office in Via Malocello 57/59-17019-Varazze (SV), C.F FRNRFL53P06A468D/ P.I. 00903240091 and registration in the Company Register of C.C.I.A.A. Riviere di Liguria no. FRNRFL53P06A468D, REA: SV – 98405 – E-mail address: firstname.lastname@example.org (hereinafter “Pastificio Artigianale Fiorini”).
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Terms and Conditions which have been made available to the Customer on the Site, to allow the Customer to consult them at any time, also through the link in the order comfirmation e-mail, to reproduce and store them.
If the Customer purchases, on this Site, courses or events organized in the relevant venues, in addition to these General Conditions, and possibly in derogation to them, the Regulations of the Courses/events, which the Customer undertakes to read, will apply.
In the event that the person who makes purchases on the Site requests the issue of an invoice and/or is not a “consumer or user” as defined in art. 3, paragraph 1, letter a) of the Consumer Code, the withdrawal rules pursuant to art. 7 and 8 of these General Conditions will not apply, nor, more generally, will the provisions that, according to the same Consumer Code, apply only to “consumers”.
The contracts concluded with Pastificio Artigianale Fiorini through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2.Choosing and ordering products
The features and price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the pages dedicated to each Product.
By sending the order from the Site, which is equivalent to a contract proposal, the Customer acknowledges and declares to have read all the information provided during the purchasing procedure and to fully accept these transcribed General Conditions and payment terms.
The contract stipulated between Pastificio Artigianale Fiorini and the Customer must be considered concluded with the acceptance of the order by Pastificio Artigianale Fiorini.
Such acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and invoicing data, the list of Products ordered with their main characteristics and the total price, including shipping costs. The Customer will check the confirmation email and, if any errors in the order are found, the Customer will have 6 hours from receiving the
email to contact the Customer Service directly from the Site using the suitable contact form available through the “Support” oppure Customer Service tab. After this time the order will be processed for shipping and no further changes will be accepted, without prejudice to the Customer’s rights as stated in Article 7.
After receiving the order, Pastificio Artigianale Fiorini will check the availability of the stocks to process the order. In the event that one or more Products are not available, Pastificio Artigianale Fiorini’s Customer Service will send a prompt communication via email to the Customer who, within the following 6 hours, will have the right to reply to confirm the shipment of any possible further Products available, or to cancel it.
If no response is received within this period, the order will be deemed confirmed and the available Products will be shipped. If only a few Products are not in stock, Pastificio Artigianale Fiorini will process the order with the available Products. In both cases, the entire amount of the missing Products will be immediately cancelled according to the payment method chosen.
3 Product Information
The information and features relating to the Products are available on the Site.
The visual representation of the Products on the Site, if available, usually corresponds to to the photographic image accompanying their description. It is understood that the images of these Products has the sole purpose of presenting them for sale and may not be fully representative of their characteristics and quality, but may differ in colour and size.
In case of a discrepancy between the image and the written product description, the description on the product data sheet shall prevail.
4 Prices and shipping
The prices of the products are inclusive of all taxes and duties. All the prices are in Euro.
Shipping in Italy:
All over Italy shipping is free for orders over 90 €, for lower amounts the shipping cost is 12,00 €.
The cost of shipping abroad is 18.00 €. For orders over 120 € shipping is free.
5 Methods of payment and billing
5.1 Payment methods
The Customer may pay the price of the Products and the related shipping charges by
credit card, PayPal, Satispay, bank transfer.
To ensure maximum security, the Customer will make the payment transaction directly on the bank’s secure server. The Site does not store the Customer’s credit card number, but thanks to the protected communication system of the bank, from the second purchase on,
the Customer who wishes so – by selecting the appropriate option – will be able to proceed with the purchase without entering his data again. The credit institution that processes the payment uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
After confirming the order, the Customer will be redirected to the PayPal site where the Customer can make the payment using their PayPal account or a bank card, including prepaid cards, or any of the other methods accepted by Paypal and in compliance with the relevant conditions.
The Customer must make the transfer within 3 days from the date of order for orders
relating to products; payment by bank transfer is not required for orders containing events
If payment is not made within 3 days, the order will be cancelled and the goods made
available again to be purchased by other Customers. The Customer who has not made the
transfer may be contacted by the Customer Service in order to understand whether the
cause of the failure to credit is due to the Customer’s desire not to confirm the purchase or
to other causes.
Data for the bank transfer: c/c: Pastificio Artigianale Fiorini IBAN: IT92 J030 6949 5411
0000 0018 437 BIC/SWIFT: BCITITMM
Bank: INTESA SAN PAOLO – Varazze
Reason for bank transfer: in the reason for the transfer the customer must indicate the date and the order number, available in the confirmation email (e.g. “Order 01/01/20 n. 12345”).
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request the issue of an invoice by selecting the relevant box during the order process and entering the billing data including tax code and/or VAT number. In this case the invoice will be sent by email to the address indicated.
The professional is responsible for the correct entry of the billing data and is expressly informed that, if no invoice is requested during the ordering procedure, it will not be possible to request it at a later date.
6. Transport and Delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Data” field.
All purchases will be shipped by express courier (hereinafter, “Courier”) from Monday to Friday, except on national holidays and festivities. Pastificio Artigianale Fiorini is not responsible for unforseeable delays or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email with a link to track the shipment.
In any case, except in cases of force majeure or unforseeable circumstances, the Products ordered will be shipped within 6 (six) working days from the day after Pastificio Artigianale Fiorini confirmed the order to the Customer, by means of a specific order confirmation email, and received the payment.
7 Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without having to provide explanations and without any penalty, except for the cases of exclusion explicitly provided for in point IV.
In order to exercise the cancellation right, the Customer must send Pastificio Artigianale Fiorini a communication within 14 days from the date of reception of the Products, using the form downloadable herein or, if the Customer intends to exercise the withdrawal
before receiving the Products, the relevant communication may be sent at any time before their reception. This communication must be sent by registered post, addressed to:
Pastificio Artigianale Fiorini, Via Malocello 57/59, Varazze, SV.
After receiving the communcation, Pastificio Artigianale Fiorini’s Customer Service will open a file for the management of the return and send the Customer instructions on how to return the Products, which will be carried out by a courier indicated by Pastificio Artigianale Fiorini.
The right of withdrawal is governed by the following conditions:
I The right applies to the Product purchased in its entirety; therefore, if the Product is made up of several components or parts, it is not possible to exercise the right of withdrawal only on parts of the purchased Product.
II If the right to withdraw is exercised, Pastificio Artigianale Fiorini will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date of reception of the notification of withdrawal, without prejudice to Pastificio Artigianale Fiorini’s right to suspend the payment of the refund until the goods have actually been received.
The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In case of bank transfer, the Customer will be responsible for providing the bank account details on which to obtain the refund (account holder, name and address of the Bank and IBAN code).
III To guarantee the return free of charge, in accordance with Article 8, the Products must be returned in the same box in which they were received.
IV In addition to the cases indicated in the Introduction (customer who is not a consumer and/or requesting the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
– order of products made to measure or customized;
– order of Products that are likely to deteriorate or expire rapidly;
– order of sealed Products that are unsuitable to be returned for hygienic or health
protection reasons or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk to deteriorate or expire rapidly” include all food products (including wines, spirits and beverages) and cosmetics, as the characteristics and qualities of these types of Products are subject to alteration, also as a consequence of improper storage. Therefore, for reasons of hygiene and customer
protection, the right of withdrawal is only applicable to Products purchased on the Site that can be returned to Pastificio Artigianale Fiorini and put back on the market without harming the consumer’s health (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, Pastificio Artigianale Fiorini will return the purchased Products to the Customer, charging him/her with the shipping costs.
8 Free return in case of withdrawal
To the advantage of the Customer who exercises the right of withdrawal, Pastificio Artigianale Fiorini keeps the shipping costs for the return of the Products at its own expense.
In order to benefit from free shipping, the Customer who intends to exercise the right of withdrawal will have to follow the procedure indicated in article 7 and wait to be contacted by Pastificio Artigianale Fiorini to arrange the return of the Products to the courier.
9.Warranty and Conformity Defects
In case of conformity defects of Products sold by Pastificio Artigianale Fiorini, the Customer must immediately contact the Customer Service using the appropriate contact form availabe on the Site through the tab “Customer Service”.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product permits it, to have the conformity of the Product restored free of
charge,by having it repaired or replaced, or to an appropriate price reduction or termination of the contract.
In case of faulty or corked wine, the Customer is requested to keep the bottle with at least 2/3 of the content and its original cork and to report the alleged non-compliance to Customer Service. Pastificio Artigianale Fiorini will intervene as soon as possible by arranging a free collection in order to carry out a thorough check and propose the most suitable solution.
The Customer forfeits these rights if he or she does not notify Pastificio Artigianale Fiorini of the lack of conformity within two months from the date of the discovery of the defect, unless the Product is perishable or subject to expiry within a shorter period, in which case the defect must be notified within this shorter period.
10. Errors and limitations of liability
The information regarding the Products provided through the Site is constantly updated.
However, it is not possible to guarantee the complete absence of errors for which Pastificio Artigianale Fiorini cannot be held liable, except in case of fraud or gross negligence.
Pastificio Artigianale Fiorini 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 Customer’s rights under these General Conditions and the Consumer Code.
Excluding willful misconduct or gross negligence, any right of the Customer to compensation for damages or reimbursement is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or properties, caused by the non-acceptance or fulfillment, even partial, of an order.
Pastificio Artigianale Fiorini promotes responsible consumption of alcoholic drinks and excludes any responsibility on its own part, except for willful misconduct or gross negligence, in the case of purchases made by persons under 18 years of age. By purchasing any alcoholic product you declare to be of age as per art. 7 of DL 158/2012.
Pastificio Artigianale Fiorini does not take any responsibility in case of purchases made by under 18 year olds, who have declared a different age.
Any possible complaint must be forwarded to Pastificio Artigianale Fiorini using the appropriate contact form accessible directly on the Site through the “Customer Assistance” tab, or by calling the number 019 2219969 (from abroad +39 0192219969), active from Monday to Friday, from 9.00 a.m. to 5.00 p.m., excluding public holidays, or by registered letter with return receipt to the following address:
Pastificio Artigianale Fiorini, Via Malocello 57/59, Varazze, SV.
Pastificio Artigianale Fiorini is committed to respond to all requests received within a maximum of 7 working days.
12 Applicable law and place of jurisdiction
The sales contract between the Customer and Pastificio Artigianale Fiorini is concluded in Italy and governed by Italian law. For the solution of disputes regarding the interpretation, execution or termination of these General Conditions or of individual purchase orders, if the Customer is a consumer according to the Consumer Code, the Court of the town of residence or domicile of the Customer, if located in the Italian territory, will have exclusive jurisdiction; in all other cases, the applicable jurisdiction is exclusively that of the Court of Savona, any other jurisdiction excluded.
Pursuant to article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (Responsibility for delays in delivery), 10 (Right to correct errors – Liability disclaimers ).