Termini e Condizioni
GENERAL TERMS AND CONDITIONS OF SALE, SHIPPING AND RETURNS
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Below are the General Terms and Conditions of sale, shipping and returns which, in compliance with the applicable regulations, set out the terms and conditions governing the purchase of products Nonna Silvi on the website www.nonnasilvi.com (hereinafter the "Website"), managed by the company Nonna Silvi S.r.l. Società Benefit, in the person of its pro tempore legal representative, with registered office at Via delle Cascine, 1/a – 50051 Castelfiorentino (FI), VAT and Tax Code 07347870482, registered with the Companies Register (R.E.A.) of the Florence Chamber of Commerce under no. FI-697257, PEC nonnasilvisrl@pec.it (hereinafter the "Seller”).
The user or users of the Website who make purchases on it (hereinafter the "Buyer” or the “Purchasers") accept and give their consent to all the conditions contained in this document (hereinafter "General Terms and Conditions”).
CONDIZIONI DI VENDITA
The sale of the products contained in the virtual catalogues on this Website (hereinafter "Prodotti") is governed by the following General Terms and Conditions, drafted in accordance with the legislation on contracts concluded outside business premises, which apply to Buyers who also qualify as Consumers under the Italian and European regulations in force at the time of purchase. In particular, any sale on the Website constitutes a distance contract governed by the Consumer Code (Legislative Decree 206/2005 as amended).
Website Buyers are divided into two categories:
- “Consumersthat is, those who purchase outside of their professional, business or work activity and are subject to Italian and European legislation protecting Consumers;
- “Customers", i.e. those who either (i) purchase outside their professional, business or work activity and not are subject to Italian and European consumer protection law, or ii) purchase and act for purposes related to their business activity, or their possible intermediaries.
It follows that, unless otherwise indicated, these General Clauses govern sales made to all Purchasers, without prejudice to the overriding effect of mandatory Italian and European consumer protection laws.
The General Terms and Conditions apply to all sales made on the Website, without exception: the Website prevents purchase if Buyers have not first read the General Terms and Conditions.
Any time limits indicated on the website or in the General Terms and Conditions shall be understood as business days, and therefore Saturdays, Sundays and public holidays are excluded.
Purchasers are required to read the General Terms and Conditions and the other legal documents published on the Site before making purchases and are also invited to download a copy of them.
CONTRACTING PARTIES
The sales contract is concluded between the Seller and the Purchasers.
The Contract is deemed concluded when the Buyer completes the order procedure and, in particular, when the Seller receives payment confirmation from the payment service chosen by the Buyer, which independently manages the relevant procedure. Please note that if the Buyer chooses bank transfer as the payment method, the sales contract shall be deemed concluded only upon actual receipt of the funds and not merely upon the user sending the bank transfer order confirmation.
È esclusa l’applicazione di eventuali altre condizioni contrattuali, anche se non espressamente disconosciute dal Venditore.
The Seller undertakes to keep the products sold on the Website up to date so as to reflect their actual availability: at certain times of the year, including but not limited to periods preceding or coinciding with national or foreign holidays or other promotional events of the Seller, the Website may receive more orders than the stock actually available in the warehouse. In such an event, the Seller will fulfil orders strictly in the order in which they are received, promptly informing each affected Buyer of the need to postpone shipment and delivery of the ordered goods by a few days.
The Seller reserves the right to cancel and withdraw from a sale if the Buyer:
- is a party with whom legal proceedings are pending;
- sia un soggetto che abbia precedentemente violato le Condizioni generali;
- sia un soggetto che, per concludere l’acquisto, abbia comunicato dati falsi oppure incompleti o inesatti e non abbia rimediato a tali circostanze fornendo la documentazione richiesta dal Venditore.
In the above cases, the Seller will refund any amounts already paid by the Buyer.
The Seller advertises the products for sale on the Website indicating the ingredients and allergens contained in each product. This information is also shown on the labelling of the products themselves. In any case, it is the Buyer’s responsibility, before purchasing any product on the Website, to check that the chosen product is compatible with their state of health or suitable for consumption in the event of any medical conditions affecting the Buyer or the person who will receive the products. The Seller shall in no way be liable for any type of damage arising from the consumption of the products sold on the Website as a result of such checks not being carried out by the Buyer and/or by the person to whom the products were actually delivered or transferred by the Buyer.
APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The General Terms and Conditions become binding on Buyers when they accept them on the website by ticking the appropriate box before submitting the purchase order. In particular, submission of the purchase order is disabled until the General Terms and Conditions have been expressly accepted in advance.
A tal fine gli Acquirenti sono invitati a leggere attentamente le Condizioni generali, con espresso invito a scaricarne copia, memorizzarle, riprodurle e/o farne stampa. A conferma della ricezione ed accettazione dell’ordine, il Venditore invierà anche apposita email agli Acquirenti, includendo un link alle e/o copia delle Condizioni generali.
For any further information, Buyers may consult the General Terms and Conditions on the website, on the dedicated page, and may also contact the website’s customer service at the e-mail address nonnasilvicommerciale@gmail.com
The Seller reserves the right to amend the General Terms and Conditions at any time. The amendments and updates to these General Terms and Conditions will show their effective date, will be published on the website and brought to the attention of Buyers and other users subscribed to newsletter and update services in accordance with standard practice and, in any case, will apply only to purchases made on the Website after the entry into force of such updates.
Anche le modifiche e gli aggiornamenti saranno in linea con la vigente normativa italiana ed europea in materia di tutela dei Consumatori.
DESCRIPTION OF THE METHODS OF SALE OF THE PRODUCTS
La vendita dei Prodotti sul Sito avviene mediante la rappresentazione fotografica dei prodotti, la descrizione dei medesimi, e l’indicazione dei relativi ingredienti ed allergeni.
The photographic images are for illustrative purposes only and are not to be understood as an exact reproduction of the final form of the Product purchased which, therefore, may differ from its actual appearance.
Conversely, the information on the contents of the package, on ingredients and allergens, and on prices, discounts and available options should be considered accurate.
No registration or reserved area is required to purchase on the Website. The sales process allows the Website user to temporarily save (for as long as any cookies accepted by the user remain active) the selected products in a cart; from the cart, the user can then start the purchase process and complete the sale, via automatic redirection to the chosen third-party payment service’s website.
The Seller reserves the right, at any time, not to make certain products available and/or to change their characteristics, while in any case promptly updating the related pre-contractual information. The Seller also reserves the right to update the offer on the Site at any time by changing the range or number of products.
PURCHASE ORDER
Each purchase order received by the Seller contains details of the Product code, its description, the quantity, the address and name of the recipient as communicated by the Buyer, as well as the data required for issuing any invoice requested by the Buyer.
The ordering procedure on the Website allows the Buyer to correct any data entry errors before submitting the purchase order.
A conferma del pagamento avvenuto, il Venditore trasmetterà all’Acquirente un’e-mail di riepilogo all’indirizzo di posta elettronica indicato nella registrazione. In caso di bonifico bancario, il Venditore invierà all’utente un riepilogo dell’ordine effettuato sul Sito, fermo restando che in tale evenienza, la vendita si considera perfezionata solo al momento dell’effettivo accredito delle somme dovute sul conto corrente bancario del Venditore.
CANCELLATION OF THE ORDER BY THE SELLER
The Seller reserves the absolute right to cancel and withdraw from the sales contract if it appears that the purchase has been completed by minors or by persons with limited legal capacity.
In such cases, the Seller will refund any amounts already paid by the Purchaser, without prejudice to the right of the parents or those exercising parental responsibility over the minor, or any other person in charge of administration, guardianship or trusteeship, to confirm the purchase.
In any case, upon receipt of the refund, the Buyer or the aforementioned persons shall not be entitled to any further indemnity or compensation.
FULFILMENT OF THE ORDER BY THE SELLER
The Seller undertakes to ship the products ordered by the Purchaser within the time limits advertised on the Site before the actual purchase; in the event of particular or exceptional circumstances, the Seller undertakes to inform the Purchaser of the specific issues without delay and in any case no later than 7 (seven) days from the day following that on which the Purchaser submitted the order, providing information on the new shipping and delivery date.
In tale circostanza l’Acquirente è libero di richiedere l’annullamento dell’acquisto e la restituzione delle somme già eventualmente pagate, oppure di sostituire i prodotti acquistati con altri.
In the event of final unavailability of a Product, the Seller will promptly inform the Buyer and refund them if payment has already been made.
In any case, upon receipt of the refund, the Buyer shall not be entitled to any further indemnity or compensation.
PRICES, CURRENCY, SHIPPING
The price of the Products is the one published on the Website and in force at the time the Buyer submits the purchase order. The prices of the Products published on the Website include standard packaging and/or wrapping and VAT (except for non-EU countries), the rate of which is determined according to the type of Product. Prices do not include transport and delivery costs. All of the above costs (e.g. for delivery or for any special packaging/wrapping) not included in the prices of the Products published on the Website will be indicated separately in the order summary and confirmed in the order summary e-mail that will be sent by the Seller.
Furthermore, for deliveries to be made to countries other than Italy and to other Member States of the European Union, to Campione d’Italia, Livigno, the Channel Islands and the Canary Islands, the prices of the Products published on the website are always to be understood as excluding:
- any sales taxes and/or duties;
- any customs duties and/or charges;
- any other tax and/or charge that may apply to the delivery of the ordered Products.
The Buyer shall be responsible for paying all taxes and customs duties applicable in the country where the Products are delivered. Any and all charges or costs relating to the customs clearance of the delivered Products shall be borne exclusively by the recipient of the delivery.
Il prezzo dei prodotti è espresso in Euro (€) e il Venditore accetta acquisiti effettuati solamente in questa valuta: in caso di acquisti provenienti da paesi che non usano l’Euro, qualsiasi costo relativo al cambio resterà a carico esclusivo dell’Acquirente.
Any invoices requested will be issued in Euro only
METHODS OF PAYMENT MANAGEMENT
The Site allows the user to choose between two methods of check-out and initiation of the payment process:
- fast checkout via Paypal, Apple Pay, Google Pay
- the manual entry of the Buyer’s data and of the data of the recipient of the ordered products.
Il pagamento vero e proprio avviene tramite la piattaforma di pagamento prescelta dall’utente tra:
- Shopify/stripe
- Paypal
- Servizio di fast check-out
In all of the above cases, the payment process is carried out by the user after leaving the Website and being automatically redirected to the chosen provider’s website. The Seller is therefore not responsible for the operation of such payment service platforms or their policies and merely receives from these service providers confirmation that payment has been successfully completed, in accordance with the terms of use applicable to each payment method chosen by the Buyer.
SHIPPING AND DELIVERY METHODS
the Seller issues a sales document for the goods shipped.
Deliveries are made to the address indicated by the Buyer when completing the order form. For the issuance of the invoice, if requested, the information provided by the Buyer at the time of the order shall be deemed authentic. The Buyer may in any case request a copy of the invoice or tax receipt within _____ from the date of issue.
Unless otherwise specified in special promotions clearly indicated on the Website, delivery costs are borne by the Buyer and are shown to the user at checkout and when placing the order. Since shipping costs are not set by the Seller but communicated to it by the Shipper, the indicated shipping cost may be subject to change or clarification, which will be communicated to the Buyer without delay before shipment.
No liability can be attributed to the Seller in the event of a delay in processing the order or in delivering the items ordered. At the time of delivery, the Purchaser is required to check that:
- l'imballo risulti integro, né danneggiato, né bagnato, o comunque alterato;
- the number of packages matches what is stated on the delivery note.
Any damage to the product or packaging, or any discrepancy in the information, or any missing packages must be immediately reported to the courier by writing "Right of verification” on the courier’s proof of delivery and by sending the relevant notice to the Seller. Once the courier’s document has been signed without reservation, the Buyer may no longer raise any objection regarding the external characteristics of what has been delivered.
Per gli ordini diretti in Svizzera, eventuali dazi doganali, imposte e costi di sdoganamento sono a carico esclusivo del cliente. Tali costi non sono inclusi nel prezzo e verranno richiesti dalle autorità competenti al momento dell’importazione nel Paese destinatario. Il Venditore non è responsabile per tali oneri aggiuntivi e non può prevederne l’importo.
DISCLAIMER OF LIABILITY
The Seller undertakes to correct any errors in the description of the products offered on the Website as soon as possible after they are reported.
The Seller shall not be liable for any damage of any kind resulting from improper and/or non-compliant use of the product with respect to its intended purpose and any instructions provided, nor for any damage resulting from unforeseeable circumstances or force majeure.
The Seller shall not be liable for any loss of revenue, profit, or data, or for any other indirect damage of any kind arising from or otherwise connected with the contracts governed by these General Terms and Conditions.
In any case, the Seller’s liability may not exceed the total value of the purchase order.
In no event shall the Seller be held liable for failure to fulfil any of its obligations arising from contracts subject to the General Terms and Conditions where such failure is caused by force majeure and/or unforeseeable circumstances.
INTELLECTUAL PROPERTY
Everything appearing on the Website, including images, drawings, graphics, colours, logos, fonts and any other content, is the property of the Seller and is protected by copyright and related rights and all other intellectual or industrial property rights. The trademarks on the Website are the property of the Seller. The Buyer may store, print and view the content provided solely for personal use. It is not permitted to reproduce, publish, modify, distribute or communicate to the public, in any format, any content or copy of the content provided to users or appearing on the Website, nor may any of this content be used in connection with any business or commercial activity. No licence or authorisation is granted for the use of the Seller’s trademarks or other intellectual property rights.
This clause applies to all users of the Site, regardless of whether they make purchases.
STATUTORY WARRANTY FOR CONSUMERS ONLY
The legal warranty may be invoked only by Consumers, meaning those who have not purchased the products in the course of their entrepreneurial, artisanal or professional activity, including any intermediaries of such parties.
The products purchased are covered by a legal warranty, provided for by Articles 128–135 of the Consumer Code, which covers manufacturing defects and non-conformities of the products themselves that appear within two (2) years from the date of delivery of the product.
Per usufruire della garanzia il Consumatore deve denunciare il vizio entro 2 (due) mesi dalla sua scoperta.
Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within six months of delivery of the Product already existed at that date, unless this is incompatible with the nature of the Product or the nature of the lack of conformity reported. From the seventh month onwards, starting from delivery of the Product, it is the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.
To benefit from the legal warranty, the consumer must provide proof of the date of purchase and delivery of the Product. Consumers are therefore advised to keep, for evidentiary purposes, the purchase invoice and any document proving the date of purchase and the date of delivery.
In the event of termination of the contract, the Seller will refund the consumer the amount paid, including the price of the Product, shipping costs and any additional charges. In the event of a price reduction, the Seller will refund the amount of the reduction agreed with the consumer. The refund or reduction amount will be credited to the same means of payment used by the consumer for the purchase.
Il Venditore non è responsabile in caso di danni, di qualsivoglia natura, derivanti dall'uso del Prodotto in modo improprio e/o non conforme alle istruzioni fornite dal produttore nonché in caso di danni derivanti da caso fortuito o forza maggiore.
The legal warranty provided for Purchasers who are not consumers is solely that set out in Art. 1490 of the Italian Civil Code.
Products that have been repaired, modified or otherwise altered by the Consumer are excluded from the legal warranty. Also excluded from the scope of the warranty are any defects or non-conformities caused by accidental events or by the Consumer’s responsibility, or by storage or use of the product that does not comply with its intended purpose and/or with the provisions of the technical documentation supplied with the product, where available, and in the instructions for use relating to it, or with the information shown on the label.
ASSENZA DEL DIRITTO DI RECESSO DEL CONSUMATORE
Unless otherwise expressly stated on the Website, you do not have the right of withdrawal provided for in Art. 52 of the Consumer Code, since the Website sells goods that are liable to deteriorate or expire rapidly, as well as sealed goods that are not suitable for return for reasons of health protection or hygiene.
ASSENZA DEL DIRITTO DI RESO
In the event that the legal warranty is exercised, there is no requirement to return the goods.
Returns are otherwise not allowed, as these are food products that are liable to deteriorate or expire rapidly, or sealed goods that are not suitable for return for reasons of health protection or hygiene
LEGGE APPLICABILE, LINGUA PREVALENTE, GIURISDIZIONE E FORO
The sales contract between the Buyer and the Seller is deemed to be concluded in Italy and governed by Italian law. Unless otherwise provided, Italian law shall apply.
These General Terms and Conditions are drafted in Italian and translated into the user’s display language. In case of doubt, the only binding text, and in any event the prevailing text, is the original Italian version.
For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a Consumer, meaning a natural person subject to Italian and European consumer protection law and who purchases the goods for purposes unrelated to their professional activity, or does not provide a VAT number in the order, territorial jurisdiction lies with the court of their place of residence; in all other cases, jurisdiction and territorial competence lie exclusively with the Court of Florence, Italy.