Terms and Conditions

 

GENERAL CONDITIONS OF SALE, SHIPPING, AND RETURNS

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Below are the General Conditions of sale, shipping, and returns which indicate, in compliance with current regulations, the terms and conditions governing the purchase of products Nonna Silvi on the website www.nonnasilvi.com (hereinafter the “Site”), managed by the company Nonna Silvi S.r.l. Benefit Company, represented by the pro tempore legal representative, with registered office at Via delle Cascine, 1/a – 50051 Castelfiorentino (FI), VAT and Tax Code 07347870482, registered with the 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 Site who proceed to make purchases on it (hereinafter the “Buyer” or the “Buyers”) accept and give their consent to all the conditions contained in this document (hereinafter “General Conditions”).

 

TERMS OF SALE

 

The sale of products contained in the virtual catalogs on this Site (hereinafter “Products”) is governed by the following General Conditions, formulated in accordance with the regulations on contracts concluded outside commercial premises, concerning Buyers who can also be qualified as Consumers, pursuant to the Italian and European legislation in force at the time of purchase. In particular, any sale on the Site constitutes a distance contract governed by the Consumer Code (Legislative Decree 206/2005 as amended).

Site Buyers are divided into two categories:

• “Consumers”, meaning those who purchase outside of their professional, business, or work activity and are subject to Italian and European consumer protection laws;
• “Customers”, meaning those who either i) purchase outside their professional, business, or work activity and not are subject to Italian and European consumer protection laws, 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 by all Buyers, subject to the supremacy of mandatory Italian and European consumer protection laws.

The General Conditions apply to all sales made on the Site, without any exception: the Site prevents purchase if Buyers have not first reviewed the General Conditions.

The time terms indicated on the site or in the General Conditions are to be understood as working days, therefore excluding Saturdays, Sundays, and other holidays.

Buyers are required to read the General Conditions and other legal documents published on the Site before making purchases and are also encouraged to download a copy.

 

CONTRACTING PARTIES

 

The sales contract is concluded between the Seller and the Buyers.

The Contract is considered concluded at the moment the Buyer completes the order procedure and, in particular, from the moment the Seller receives payment confirmation from the payment service chosen by the Buyer, which independently manages the related procedure. It is specified that, if the Buyer chooses bank transfer as the payment method, the sales contract will be considered concluded only upon actual receipt of the credit and not simply upon the user's sending of the bank transfer receipt.

The application of any other contractual conditions is excluded, even if not expressly denied by the Seller.

The Seller undertakes to keep the products sold on the Site updated to reflect their actual availability: during certain times of the year, for example but not limited to those preceding or coinciding with national or foreign holidays or other promotional events by the Seller, it may happen that the Site receives a number of orders exceeding the actual stock available. In such cases, the Seller will fulfill orders strictly in the order of receipt, promptly informing the Buyer concerned each time of the need to postpone the 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 person with whom there is an ongoing legal dispute;
• is a person who has previously violated the General Conditions;
• is a person who, to complete the purchase, has provided false, incomplete, or inaccurate data and has not remedied these circumstances by providing the documentation requested by the Seller.

In the aforementioned cases, the Seller will refund any amounts already paid by the Buyer. 

The Seller advertises the products for sale on the Site by indicating the ingredients and allergens present in each product. This information is also reported on the labeling of the products themselves. In any case, it is the Buyer's responsibility to verify, before purchasing any product on the Site, that the chosen product is compatible with their health condition or suitable for consumption, in case of any illnesses, either of the buyer or the person intended to receive the products. The Seller is in no way responsible for any type of damage resulting from the consumption of products sold on the Site due to such lack of verification by the Buyer and/or 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 Conditions become binding for Buyers at the moment of their acceptance on the site, by clicking the appropriate box before submitting the purchase order. In particular, the submission of the purchase order is disabled until there is prior express acceptance of the General Conditions.

To this end, Buyers are invited to carefully read the General Conditions, with an explicit invitation to download a copy, save it, reproduce it, and/or print it. To confirm receipt and acceptance of the order, the Seller will also send a specific email to Buyers, including a link to and/or a copy of the General Conditions.

For any further information, Buyers can consult the General Conditions on the site, on the dedicated page, and can also contact the site’s customer service at the email address nonnasilvicommerciale@gmail.com

The Seller reserves the right to modify the General Conditions at any time. Changes and updates to these General Conditions will indicate their effective date, will be published on the site, and communicated to Buyers and other users subscribed to newsletter and update services according to customary practices, and in any case, will apply only to purchases made on the Site after the updates come into effect.

Changes and updates will also comply with current Italian and European consumer protection regulations.

 

DESCRIPTION OF THE PRODUCT SALES METHODS

 

The sale of Products on the Site takes place through photographic representation of the products, their description, and the indication of their ingredients and allergens.

The photographic representations are for illustrative purposes only and should not be understood as an exact reproduction of the final shape of the purchased Product, which may therefore differ from its actual appearance.

On the contrary, the information about the package contents, ingredients and allergens, as well as pricing conditions, discounts, and available options, are to be considered accurate.

No registration or reserved area is required to purchase on the Site. The sales process allows the Site user to temporarily save (and for the duration of any cookies accepted by the user) the selected products in a cart; from the cart, the user can then start the purchase process and complete the sale by being automatically redirected to the payment service site, a third party chosen by the Site user.

The Seller reserves the right not to make certain products available at any time and/or to modify their characteristics, always ensuring the timely update of the related pre-contractual information. The Seller also reserves the right to update the offer on the Site at any time by modifying the range or number of products.

 

PURCHASE ORDER

 

Each purchase order received by the Seller contains information about the Product code, its description, quantity, the recipient's address and name provided by the Buyer, as well as the data for issuing any invoice requested by the Buyer.

The Site's ordering procedure allows the Buyer to correct data entry errors before submitting the purchase order.

Upon confirmation of payment, the Seller will send the Buyer a summary email to the email address provided during registration. In the case of a bank transfer, the Seller will send the user a summary of the order placed on the Site, provided that in this case, the sale is considered completed only upon the actual crediting of the amounts due to the Seller's bank account. 

 

ORDER CANCELLATION BY THE SELLER

 

The Seller reserves the unquestionable right to cancel and withdraw from the sales contract if it is found that the purchase was completed by minors or persons subject to limitations of legal capacity.

In these cases, the Seller will refund any amounts already paid by the Buyer, without prejudice to the right of the parents or those exercising parental responsibility over the minor or other roles of administration, guardianship, or curatorship to confirm the purchase.

In any case, upon receipt of the refund, the Buyer or the aforementioned persons will not be entitled to any further compensation or indemnity.

 

ORDER EXECUTION BY THE SELLER

 

The Seller undertakes to proceed with the shipment of the products ordered by the Buyer within the timeframes advertised on the Site before the actual purchase; in case of particular or exceptional circumstances, the Seller undertakes to notify the Buyer of the specific issues without delay and in any case no later than 7 (seven) days from the day following the day on which the Buyer sent the order, providing information on the new shipping and delivery date.

In such a circumstance, the Buyer is free to request the cancellation of the purchase and the return of any amounts already paid, or to replace the purchased products with others.

In case of permanent 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 will not be entitled to any other compensation or indemnity.

 

PRICES, CURRENCY, SHIPPING

 

The price of the Products is the one published on the Site and valid at the time the purchase order is sent by the Buyer. The prices of the Products published on the Site include standard packaging and/or wrapping and VAT (except for Extra EU countries), the rate of which is determined according to the type of Product. Prices do not include shipping and delivery costs. All the aforementioned costs (e.g., for delivery, or for any special packaging/wrapping), not included in the prices of the Products published on the Site, will be separately indicated in the order summary and confirmed in the order summary email sent by the Seller.

Furthermore, for deliveries to be made in countries other than Italy and in other Member States of the European Union, to Campione d’Italia, Livigno, Channel Islands, and Canary Islands, the prices of the Products published on the website are always understood to exclude:

• any sales taxes and/or duties;
• any customs taxes and/or charges;
• any other applicable tax and/or charge related to the delivery of the ordered Products.

The Buyer will be responsible for paying all applicable taxes and customs duties in the country of delivery of the Products. Any and all charges or costs related to the customs clearance of the delivered Products will remain the exclusive responsibility of the delivery recipient.

Product prices are expressed in Euro (€) and the Seller accepts purchases made only in this currency: for purchases from countries not using the Euro, any currency exchange costs will be borne exclusively by the Buyer.

Invoices requested will be issued only in Euro

 

PAYMENT MANAGEMENT METHODS

The Site allows the user to choose between two checkout and payment initiation methods:

• fast check-out via Paypal, Apple Pay, Google Pay services
• manual entry of the Buyer’s and product recipient’s data.

The actual payment takes place through the payment platform chosen by the user among:

• Shopify/stripe
• Paypal
• Fast check-out service

In all the above cases, the payment process is carried out by the user after leaving the Site and being automatically redirected to the chosen provider’s website. The Seller is therefore not responsible for the operation of such payment service platforms and their related policies and only receives confirmation of successful payment from these service providers according to the applicable procedures for each payment method preferred by the Buyer.

 

SHIPPING AND DELIVERY METHODS

the Seller issues a sales document for the shipped material.

Deliveries are made to the address provided by the Buyer when filling out the order form. For invoice issuance, if requested, the information provided by the Buyer at the time of the order is authoritative. The Buyer may still request a copy of the invoice or fiscal receipt within _____ from issuance.

Except for special promotions specifically indicated on the Site, delivery costs are borne by the Buyer and are shown to the user during checkout and order placement. Since shipping costs are not set by the Seller but communicated by the Carrier, the indicated shipping cost may be subject to change or specification, which will be promptly communicated to the Buyer before shipment.

No liability can be attributed to the Seller in case of delay in order processing or delivery of the ordered items. Upon delivery, the Buyer is required to check that:

• the packaging is intact, not damaged, wet, or otherwise altered;
• the number of packages matches what is indicated in the shipping document.

 

Any damage to the product or packaging, discrepancies in the details, or missing packages must be immediately reported to the courier by writing “Right of inspection” upon proof of delivery by the courier and by sending the related communication to the Seller. Once the courier's document is signed without reservations, the Buyer may not raise any objections regarding the external characteristics of the delivered goods.

For orders shipped to Switzerland, any customs duties, taxes, and clearance costs are the sole responsibility of the customer. These costs are not included in the price and will be requested by the competent authorities at the time of import into the destination country. The Seller is not responsible for such additional charges and cannot predict their amount.

DISCLAIMER

The Seller commits to correcting all errors present in the description of the products offered on the Site as soon as possible, starting from the report of such errors.

The Seller is not responsible for damages of any kind resulting from improper use of the product and/or use not in accordance with its intended purpose and any provided instructions, nor for damages resulting from unforeseeable events or force majeure.

The Seller shall not be liable for loss of revenue, profits, data, or any other indirect damage of any kind arising from or related to contracts subject to the General Conditions.

The Seller's liability, in any case, shall not exceed the total value of the purchase order.

Under no circumstances shall the Seller be held liable for failure to fulfill any of the obligations arising from contracts subject to the General Conditions if the failure is caused by an unforeseeable event and/or force majeure.

 

INTELLECTUAL PROPERTY

Everything that appears on the Site, including images, drawings, graphics, colors, logos, fonts, and any other content, is the property of the Seller and is protected by copyright and related rights as well as any other intellectual or industrial property rights. The trademarks present on the Site are the property of the Seller. The Buyer may store, print, and view the provided content exclusively for personal use. It is not permitted to reproduce, publish, modify, distribute, or communicate to the public, in any format, any content or copies of the content provided to users or appearing on the Site, nor is it possible to use any of this content in connection with any commercial activity or enterprise. No license or authorization is granted for the use of trademarks or other intellectual property rights of the Seller.

This clause applies to all users of the Site, regardless of whether purchases are made.

 

LEGAL WARRANTY FOR CONSUMERS ONLY

The legal warranty can only be claimed by Consumers, meaning those who did not purchase the products within the scope of their entrepreneurial, artisanal, or professional activity, including any intermediaries of such subjects.

Purchased products come with a legal warranty, provided by articles 128-135 of the Consumer Code, covering manufacturing and conformity defects of the products that appear within 2 (two) years from the product delivery date.

To benefit from the warranty, the Consumer must report the defect within 2 (two) months of its discovery.

Unless proven otherwise, it is presumed that conformity defects that appear within six months of the Product delivery already existed at that time, unless this is incompatible with the nature of the Product or the nature of the reported conformity defect. From the seventh month onward, starting from the Product delivery, it is the consumer's responsibility to prove that the conformity defect already existed at the time of delivery.

To benefit from the legal warranty, the consumer must provide proof of the purchase and delivery date of the Product. It is therefore recommended that the consumer keep the purchase invoice and any document that certifies the purchase and delivery dates for proof purposes.

In case of contract termination, the Seller will refund the consumer the amount paid, including the Product price, shipping costs, and any additional fees. In the case of a price reduction, the Seller will refund the amount of the reduction agreed upon with the consumer. The refund or reduction amount will be credited to the same payment method used by the consumer for the purchase.

The Seller is not responsible for any damage, of any kind, resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, as well as for damage resulting from unforeseen events or force majeure.

The legal warranty provided for Buyers who are not consumers is solely that provided by art. 1490 of the Civil Code.

Products repaired, modified, or altered in any way by the Consumer are excluded from the legal warranty. Also excluded from the warranty scope are any defects or non-conformities caused by accidental events or the Consumer's responsibility, or by storage or use of the product not in accordance with its intended use and/or as provided in the technical documentation attached to the product, if any, and in the related instructions for use, or the indications on the label.

 

NO RIGHT OF WITHDRAWAL FOR THE CONSUMER

Unless otherwise expressly indicated on the Site, you do not have the right of withdrawal provided for by art. 52 of the Consumer Code because the Site sells goods that may deteriorate or expire quickly, as well as sealed goods that cannot be returned for hygiene reasons and in any case related to health protection.

 

NO RIGHT OF RETURN

In the event of exercising the legal warranty, no return is required.

Returns are not otherwise provided for, as these are perishable food products that may deteriorate or expire quickly, or sealed goods that cannot be returned for hygiene reasons and in any case related to health protection.

 

APPLICABLE LAW, PREVAILING LANGUAGE, JURISDICTION AND COURT

The sales contract between the Buyer and the Seller is considered concluded in Italy and governed by Italian Law. Unless otherwise specified, Italian Law applies.

These General Conditions are written in Italian and translated into the user's display language. In case of doubt, the only binding and, in any case, prevailing text is the original text in Italian.

For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a Consumer, that is, a natural person subject to Italian and European consumer protection laws and who purchases the goods for purposes not related to their professional activity, or does not make the purchase by indicating a VAT number reference in the order, the territorial jurisdiction is that of the Court of the municipality of their residence; in all other cases, jurisdiction and territorial competence lie exclusively with the Court of Florence, Italy.