Acceptance of the terms and conditions of sale.
Terms and conditions of sale
- The agreement between PASTIFICIO FANTASIA di COGLIATI & C. SNC and the Customer shall be deemed to be concluded upon acceptance, even partial, of the order by PASTIFICIO FANTASIA di COGLIATI & C. SNC. Such acceptance is deemed to be tacit, if not otherwise communicated in any way to the Customer. By placing an order using any of the various methods available, the Customer declares to have read all the information provided to them during the purchasing process, and to fully accept the general terms and conditions and payment terms.
- If the Customer is a consumer (i.e. an individual who purchases goods for purposes not related to their profession), once the online purchasing process is completed, the Customer shall print or save an electronic copy of these General Terms and Conditions of Sale, and in any case retain them, pursuant to Articles 3 and 4 of Italian Legislative Decree 185/1999 on distance selling.
- Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, resulting from non-acceptance, even partial, of an order, is excluded.
1.1 Pastificiofantasia.it: it is the online shop called Pastificio Fantasia owned by PASTIFICIO FANTASIA di COGLIATI & C. SNC, with registered office at Via Dell’Industria 8/10 23883 BRIVIO (LC), Italy, which aims to sell food products from its range online.
1.2 « Products » means all the products and/or goods marketed by PASTIFICIO FANTASIA di COGLIATI & C. SNC and forming part of its range. « Customer » means the buyer of the products, who qualifies as a consumer, meaning the natural and legal person who makes the purchase for purposes not related to their business activity or profession.
1.3 » Website » means all web pages of Pastificiofantasia.it.
1.4 « Offers » means sales made by Pastificiofantasia.it for all or part of the Products and for limited periods of time with a discount on the normal sale price.
1.5 « Special Offers » means sales where a complimentary product is sent to the Customer with one or more products purchased.
1.6 « Purchase » means the purchase order with delivery of the Products in the days following the day the order is sent by the Customer to Pastificiofantasia.it.
1.7 « Home delivery » means the purchase order with delivery of the Products to the address specified by the Customer in the purchase order as the delivery address.
1.8 « Login » means the area where the customer can view their information and, if necessary, modify and/or delete it.
2.1 The General Terms and Conditions form an integral part of any proposal, purchase order and purchase order confirmation for the Products marketed by Pastificiofantasia.it valid on the date of the relevant order.
2.2 The General Terms and Conditions solely apply to sales to consumers, as specified above.
- CONCLUSION OF AGREEMENTS
3.1 All agreements are concluded solely upon access to the Website by the Customer, using remote communication technology over the Internet.
3.2 The purchase of the requested item(s) will be completed in the following stages:
3.2.1 By sending the order, you send Pastificiofantasia.it an online proposal to purchase the selected product or products. Sending the purchase order implies consent (pursuant to Article 10 of Italian Legislative Decree 185/1999) to receive further communications from Pastificiofantasia.it, aimed solely at the conclusion and performance of the sales agreement.
3.2.2 All purchase orders sent to Pastificiofantasia.it must be accurately completed in all their parts and must contain the elements needed to correctly identify the Products ordered, the Customer and the place of delivery of the Products.
3.2.3 Pastificiofantasia.it reserves the right not to accept incomplete orders or orders that have been completed incorrectly.
3.2.4 Pastificiofantasia.it will confirm the purchase request by e-mail, which will contain information on the terms and conditions of sale, pursuant to Article 4 of Italian Legislative Decree 185/1999. The order confirmation shall constitute acceptance of the purchase proposal.
3.2.5 The agreement shall be deemed to be concluded, and binding on both parties, at the time the purchase order confirmation is sent to the Customer.
3.2.6 If the quantity requested by the Customer in their order exceeds the quantity available for a given item, Pastificiofantasia.it will agree to the purchase subject to actual stock availability in its virtual warehouse. It shall be the responsibility of the Customer Service of Pastificiofantasia.it to inform the Customer (by telephone, fax or e-mail) whether or not the products ordered will be available in the future.
- DELIVERY TERMS
4.1 Pastificiofantasia.it will deliver the Products, selected and ordered by the methods specified under « Deliveries », to the Customer using trusted couriers.
4.2 For purchases, delivery takes place within the times specified (which may vary according to region and country) under « Deliveries » and in the time slot specified by the Customer in the purchase order if the Customer has expressed a preference (please always provide a telephone number in case the courier encounters any problems).
4.3 In any case, pursuant to Article 6 of Italian Legislative Decree no. 185/1999, delivery times are no longer than 30 days from the day after the order is sent to Pastificiofantasia.it.
4.4 There is a charge for shipping the goods. The amount is specified under « Shipping Cost ».
4.5 Delivery of the Products is subject to payment, by the Customer, of the price thereof by the method selected from those available on the website, Pastificiofantasia.it, and listed under « Type of payment ».
4.6 Delivery terms and conditions that differ from those specified in the General Terms and Conditions must be agreed in advance between the Customer and Pastificiofantasia.it and accepted in writing by the latter.
4.7 The tax documentation (invoice) is issued upon request by Pastificiofantasia.it, and delivered to the customer at the same time, at the time of delivery, after signing the delivery note or electronically by sending an e-mail with the invoice attached.
5.1 All selling prices of the Products listed on the Website are quoted in Euros.
5.2 Unless otherwise specified, the prices of the Products are inclusive of VAT and any other tax.
5.3 The prices of the single Products, listed on the Website each time, override the previous ones.
5.4 The prices applied are those listed on the Website at the time of the Customer’s purchase order.
- PRODUCT CHARACTERISTICS AND AVAILABILITY
6.1 Products are not supplied on a trial basis. The Customer is responsible for selecting the Products ordered and ensuring that they meet their needs.
6.2 In case one or more Products are not available, Pastificiofantasia.it shall deliver the other Products ordered by the Customer; in this case, partial delivery of the Products ordered shall be deemed to be valid and shall not entitle the Customer to refuse delivery, nor shall it entitle them to any compensation or indemnity whatsoever.
- WEBSITE DISCLAIMER
7.1 Pastificiofantasia.it accepts no liability for inefficiencies due to force majeure of any nature or kind, if it is unable to perform the agreement within the agreed times. Force majeure includes, but is not limited to, measures taken by the Italian Public Authorities, strikes by its own employees or by the carriers used by italianfoodshop.it, as well as any other circumstance beyond its control.
- CUSTOMER OBLIGATIONS
8.1 The Customer undertakes to print and retain these General Terms and Conditions once the online purchasing process has been completed.
8.2 The information contained in the General Terms and Conditions must be read and accepted by the Customer before sending the purchase order, so as to fully satisfy the condition set forth in Articles 3 and 4 of Italian Legislative Decree no. 185/1999. The order is accepted by ticking the appropriate box on the website. Failure to do so will result in the order not being processed.
8.3 Before completing the online purchasing process, the Customer undertakes to request the issuance of the invoice, specifying the tax information pursuant to Article 22, paragraph 1, point 1) of Italian Presidential Decree no. 633/1972, which states: ‘It is not compulsory to issue an invoice, unless requested by the customer at the time of the transaction at the latest’.
- RIGHT TO WITHDRAW
Leaving aside legislation, we are interested in an ongoing relationship with each of our customers, so we take the utmost care of all their needs and we endeavour to solve any problems.
Pastificiofantasia.it fully adheres to the Consumer Code enacted by legislative decree no. 206 of 6 September 2005, pursuant to Article 7 of enabling law no. 229 of 29 July on the revision of the existing provisions on consumer protection, including most of the provisions on consumer protection introduced by the European Union over the last twenty-five years. As a result of the obligations arising from membership of the European Union, these regulations have also been adopted by the Italian Government.
The Right to Withdraw allows the consumer to withdraw, within fourteen working days, from any purchase made remotely and to receive a full refund of the purchase price with no penalties, pursuant to Italian Legislative Decree no. 185 of 22/05/99, which naturally also covers online purchases. The only costs that will not be refunded are shipping costs, which are excluded from the provisions of Italian Decree-Law 185/99.
It should be noted that EU legislation provides that the right to withdraw can be exercised only by natural persons (consumers) acting for purposes that can be deemed to be unrelated to their business activities.
The Right to Withdraw, therefore, CANNOT be exercised by legal persons and natural persons acting for purposes related to a business activity. Purchases made by retailers or by persons who in any capacity purchase for the purpose of selling to third parties are also excluded from the right to withdraw. The right to withdraw does not apply to the supply of food products which, by their nature, cannot be returned or are likely to perish or spoil quickly.
In order to exercise the right to withdraw, just click here to download this form. If you wish to withdraw from the purchase while the goods are being delivered, you must send a registered letter with acknowledgement of receipt stating that you wish to return the goods. The right to withdraw may be exercised by the natural person who made the purchase.
Legal persons are NOT entitled to exercise the right to withdraw.
The right to withdraw lapses completely if the product returned is not intact, i.e.:
- Missing original packaging.
- Missing integral elements of the product.
- Damage to the product for reasons other than shipping.
After you have made your purchase, if you wish to exercise your right to withdraw you must follow this procedure:
Send a registered letter with acknowledgement of receipt within 14 days of receiving the goods to:
PASTIFICIO FANTASIA di COGLIATI & C. SNC
Via Dell’Industria 8/10 – 23883 BRIVIO (LC) ITALY
- Please notify us in advance by sending an e-mail to firstname.lastname@example.org or by calling us on +39 0399273026
- The operator who will receive the call or e-mail will arrange an appointment to pick up the package, which must STRICTLY contain all the items listed above.
- Once it has checked that all elements of the product and its accessories are intact, Pastificiofantasia.it will process the refund of the amount paid, EXCLUDING shipping costs, within 14 days of the aforementioned checks.
Not all products can be returned. The law DOES NOT ALLOW THE RETURN of perishable food products.
Why is it not possible to return food products? In order to protect our customers and for reasons of hygiene, you can only exercise the right to return products that can be put back on the market without endangering the health of consumers. For this very reason, it is not possible to return food products that cannot be properly preserved.
- CHILD SAFETY
10.1 Minors under the age of 18 are not allowed to send orders using the online order form except under the supervision of an adult family member.
- PAYMENT METHODS
11.1 The Customer may pay for the Products ordered by:
- Advance bank transfer
11.2 By completing the appropriate section on the Website, the Customer authorises Pastificiofantasia.it to use the payment methods for which prior authorisation is required; in all other cases (advance bank transfer and cash on delivery), by completing the aforementioned section, the Customer undertakes to make the payment personally.
11.3 In the case of pre-authorised payment methods (credit card) and bank transfer, the payment is actually debited prior to delivery, and in the case of cash on delivery, upon delivery of the products.
- OFFERS, SPECIAL DEALS AND GIVEAWAYS
12.1 The Offers proposed by Pastificiofantasia.it are valid while stocks last and subject to the purchasing limits specified on the website.
12.2 Special Deals cannot be used in conjunction with any other Deals.
12.3 Special Deals may be delivered in promotional packaging different from that shown on the Website.
12.4 If the Special Offer promoted by italianfoodshop.it includes the delivery of a complimentary Product together with one or more products purchased, the Customer will receive the complimentary Product upon implicit acceptance thereof.
12.5 The offer of a complimentary Product is valid while stocks last.
12.6 Any complimentary Products received by the Customer cannot be exchanged or returned.
13.1 For any complaints, you may contact Customer Service on +39 0399273026, by e-mail at the following address email@example.com or by writing to Pastificio Fantasia via dell’industria 8/10, 23883 Brivio -LC-
13.2 Customer Service will contact the Customer within 2 working days of receipt of the complaint to inform them of the times and procedures for handling the complaint.
14.1 Any dispute relating to the application, performance, interpretation and breach of the agreement concluded online by the Customer and Pastificio Fantasia, shall be subject to Italian jurisdiction.
14.2 The Court of Lecco shall have jurisdiction over any dispute arising hereunder between the parties.
14.3 The customer/user of Pastificio Fantasia agrees that any dispute shall be handled by the Court of Lecco.
- APPLICABLE LAW AND REFERENCE
15.1 The agreements concluded online by the Customer and Pastificio Fantasia are governed by Italian law.
15.2 For anything not expressly provided for herein, the legal provisions applicable to the relationships and matters covered by the agreement concluded online by the Customer and Pastificiofantasia.it shall apply.
15.3 Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have read carefully and to expressly accept the following clauses of the General Terms and Conditions of Sale of Pastificiofantasia.it: Product characteristics and availability; Disclaimer of Pastificiofantasia.it; Right to withdraw; No return of complimentary products; Product warranties; Disputes; Applicable law and reference.
For the communications provided for in the General Terms and Conditions of Sale, the Customer may contact Pastificiofantasia.it using the following methods:
By writing to:
Pastificio Fantasia via dell’industria 8/10, 23883 Brivio -LC-
Tel: +39 0399273026
N.B.: The information provided will be processed pursuant to Italian Legislative Decree 196/2003. By sending an e-mail you implicitly consent to it being processed.
Warning: All our deliveries are delivered duty unpaid (DDU) excluding taxes, duties and local VAT, as per commercial practices in the European Community. Therefore, our deliveries include the price of the goods and the cost of shipping to the recipient’s address.
Any additional costs such as customs duties, import taxes, local taxes, local VAT and/or other ancillary charges are the responsibility of the recipient.
Please read, print and retain the acceptance of the terms and conditions of sale.