GENERAL CONDITIONS OF SALE, SHIPPING AND RETURN

*

Below are the General Conditions of sale, shipping and returns which indicate, in compliance with current regulations, the terms and conditions that regulate the purchase of products Nonna Silvi on the www.nonnasilvi.com site (hereinafter the “Site”), managed by the company Nonna Silvi S.rthe Benefit Company, in the person of the legal representative pro tempore, with registered office in Via delle Cascine, 1/a – 50051 Castelfiorentino (FI), VAT no.VAT and C.F 07347870482, registration with R.ANDTO of the C.CTHETOTO Florence n. FI-697257, PEC nonnasilvisrl@pec.it (hereinafter the “Seller”).

The user or users of the Site who make purchases on the same (hereinafter the "Buyer" or the "Buyers ”) accept and give their consent to all the conditions contained in this document (hereinafter “General conditions”).

 

CONDITIONS OF SALE

 

The sale of the products contained in the virtual catalogs on this Site (hereinafter “Products”) is governed by the following General Conditions, formulated in compliance with the legislation on contracts concluded outside the commercial premises, which concern Buyers who can also be classified as Consumers, pursuant to Italian and European regulations 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).lgs. 206/2005 as amended.)

The Site Buyers are divided into two categories:

• “Consumers”, i.e. those who purchase outside of their professional, business or work activity and are subject to Italian and European consumer protection legislation;
• “Customers”, i.e. those who (i) purchase outside of their professional, business or work activity and do not are subject to Italian and European consumer protection legislation, or ii) purchase and act for purposes inherent to their business activity, or their potential intermediaries.

It follows that, unless otherwise indicated, these General Clauses regulate the sales carried out by all Buyers, without prejudice to the prevalence of mandatory Italian and European consumer protection regulations.

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

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

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

 

CONTRACTORS

 

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

The Contract is considered concluded when the Buyer completes the order procedure and, in particular, from the moment the Seller receives the payment confirmation from the payment service chosen by the Buyer which manages the relevant procedure independently. It is specified that, in the event that the Buyer chooses the bank transfer as the payment method, the sales contract will be considered concluded only with the actual receipt of the credit and not with the simple sending by the user of the accountant for entering the banking arrangement.

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

The Seller undertakes to keep the products sold on the Site updated so as to reflect their actual availability: in particular periods of the year, by way of example only and not exhaustively those preceding or coinciding with national holidays or abroad or other promotional events of the Seller, it may happen that the Site receives a number of orders greater than the availability actually present in the warehouse. In this case, the Seller will process the orders in strict order of receipt, informing without delay the Buyer concerned from time to time of the need to postpone the shipment and delivery of the ordered goods for a few days.

The Seller reserves the right to cancel and withdraw from a sale in the event that the Buyer:

• is a person with whom a legal dispute is underway;
• is a person who has previously violated the General Conditions;
• is a person who, to conclude the purchase, has communicated false or 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 sums already paid by the Buyer. 

The Seller advertises the products for sale on the Site by reporting 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 the state of health or suitable for consumption, in the event of any pathologies of the buyer or the person receiving the products. . The Seller is in no way responsible for any type of damage that may arise from the consumption of the products sold on the Site as a result of such failures by the Buyer and/or the person to whom the products were actually delivered or transferred by of the Buyer.

 

APPLICATION OF THE GENERAL CONDITIONS OF SALE

 

The General Conditions become binding for Buyers upon acceptance of the same on the site, by clicking the appropriate box before transmitting the purchase order. In particular, the transmission 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 express invitation to download a copy, memorize them, reproduce them and/or print them. To confirm receipt and acceptance of the order, the Seller will also send a specific email to the 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, furthermore, they can contact the site's customer service at the e-mail 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 the date of their entry into force, will be published on the site and brought to the attention of Buyers and other users registered for newsletter and update services according to the forms of use and, in any case , applied only to purchases made on the Site after the updates themselves come into force.

The changes and updates will also be in line with current Italian and European legislation on consumer protection.

 

DESCRIPTION OF THE PRODUCT SALE METHODS

 

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

The photographic representations have a representative purpose only and are not to be understood as an exact reproduction of the final shape of the purchased Product which, therefore, may also differ from its actual appearance.

On the contrary, the information on the contents of the package, on the ingredients and allergens and the price conditions, discounts and available options are to be considered accurate.

There is no registration or reserved area required to purchase on the Site. The sales process allows the user of the Site to temporarily save (and for the duration of the cookies possibly accepted by the user) the products selected in a cart; from the cart it is then possible for the user to start the purchase process and conclude the sale, passing through the automated redirection to the third-party payment service site chosen by the user of the Site.

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

 

PURCHASE ORDER

 

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

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

To confirm payment, the Seller will send the Buyer a summary email to the email address indicated in the registration. In the case of a bank transfer, the Seller will send the user a summary of the order placed on the Site, it being understood that in this case, the sale is considered completed only at the time of the actual crediting of the sums due to the Seller's bank account. 

 

CANCELLATION OF THE ORDER BY THE SELLER

 

The Seller reserves the unquestionable right to cancel and withdraw from the sales contract in the event that it appears that the purchase is completed by minors or by people subject to limitations on their ability to act.

In these cases, the Seller will reimburse any sums already paid by the Buyer, without prejudice to the right of the parents or of those who exercise parental responsibility over the minor or other administration, guardianship, guardianship duties to confirm the purchase.

In any case, upon receipt of the refund, the Buyer or the persons named above will not be entitled to any other compensation or compensation.

 

EXECUTION OF THE ORDER BY THE SELLER

 

The Seller undertakes to ship the Buyer's ordered products within the terms advertised on the Site before the actual purchase; in the event of particular or exceptional circumstances, the Seller undertakes to inform the Buyer of the specific problems, without delay and in any case no later than 7 (seven) days starting from the day following the day on which the Buyer sent the order, providing information on the new shipping and delivery date.

In this circumstance the Buyer is free to request the cancellation of the purchase and the refund of any sums already paid, or to replace the products purchased with others.

In the event of definitive unavailability of a Product, the Seller will promptly inform the Buyer and refund him 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 compensation.

 

PRICES, CURRENCY, SHIPPING

 

The price of the Products is that published on the Site and in force at the time of transmission of the purchase order by the Buyer. The prices of the Products published on the Site are inclusive of standard packaging and/or packaging and VAT (with the exception of non-EEC countries), the rate of which is determined in relation 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/packaging), not included in the prices of the Products published on the Site, will be separately indicated in the order summary and confirmed in the purchase order summary email which will be sent by the Salesperson.

Furthermore, for deliveries to be made in states other than Italy and in other Member States of the European Union, in Campione d'Italia, Livigno, the Channel Islands and the Canary Islands, the prices of the Products published on website are always intended not to include:

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

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

The price of the products is expressed in Euros (€) and the Seller accepts purchases made only in this currency: in the case of purchases from countries that do not use the Euro, any cost relating to the exchange will be borne by exclusive to the Buyer.

Any invoices requested will be issued only in Euros

 

PAYMENT MANAGEMENT METHODS

The Site allows the user to choose between two check-out methods and initiation of the payment process:

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

The actual payment takes place via the payment platform chosen by the user between:

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

In all the aforementioned cases, the payment process is carried out by the user after leaving the Site and automatically redirected to the site of the chosen manager. The Seller is therefore not responsible for the functioning of these payment service platforms and related policies and limits itself to receiving confirmation from these service providers of the successful completion of the payment according to the methods of use applicable to 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 indicated by the Buyer when completing the order form. For issuing the invoice, if requested, the information provided by the Buyer at the time of the order is valid. The Buyer may however request a copy of the invoice or tax receipt within _____ of its issue.

Except for particular promotions specifically indicated on the Site, delivery costs are borne by the Buyer and are indicated to the user during check-out and placing the order. Since the shipping costs are not established by the Seller, but communicated to him by the Forwarder, the indication of the shipping cost may be subject to variation or specification which will be communicated to the Buyer without delay before the shipment itself.

 

No responsibility can be attributed to the Seller in the event of a delay in processing the order or in delivering what was ordered. At the time of delivery the Buyer is required to check that:

• the packaging is intact, neither damaged, nor wet, or otherwise altered;
• the number of packages corresponds to what is indicated in the transport document.

 

Any damage to the product or packaging or the mismatch of the indications or the lack of packages must be immediately reported to the courier by writing "Inspection reserve” on the courier's proof of delivery and sending the relevant communication to the Seller. Once the courier's document has been signed without reservations, the Buyer will not be able to make any objection regarding the external characteristics of what was delivered.

 

DISCLAIMER

The Seller undertakes to correct all errors in the description of the products offered on the Site, in the shortest time possible, starting from their reporting.

The Seller is not responsible in case of damage, of any nature, deriving from the use of the product in an improper manner and/or not compliant with the intended use and any instructions provided as well as in case of damage resulting by fortuitous circumstances or force majeure.

The Seller will not be responsible in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or in any case connected to the contracts subject to the General Conditions.

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

In no case may the Seller be held responsible for failure to fulfill any of the obligations deriving from the contracts subject to the General Conditions in the event that the failure is caused by fortuitous circumstances and/or force greater.

 

INTELLECTUAL PROPERTY

Everything that appears on the Site, including images, designs, graphics, colors, logos, fonts and any other content, is the property of the Seller and is protected by copyright and related rights and any other copyright intellectual or industrial property. The trademarks present on the Site are the property of the Seller. The Buyer may store, print and view the contents provided solely for personal use. You may not 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 Site, nor may you use any of this content in connection with any business or commercial 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 GUARANTEE FOR CONSUMERS ONLY

The legal guarantee can only be asserted by Consumers, that is, by those who have not purchased the products as part of their entrepreneurial, artisanal or professional activity, including any intermediaries of such subjects.

The products purchased are accompanied by a legal guarantee, provided for by the articles. 128-135 of the Consumer Code, which covers production and conformity defects of the products themselves that appear within 2 (two) years from the date of delivery of the product.

To take advantage of the guarantee, the Consumer must report the defect within 2 (two) months of its discovery.

Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this is incompatible with the nature of the Product or the nature of the defect of compliance reported. Starting from the seventh month included, starting from the delivery of the Product, it is the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the Product.

To take advantage of the legal guarantee, the consumer must provide proof of the date of purchase and delivery of the Product. The consumer is therefore advised to keep the purchase invoice and any document certifying the purchase and delivery date for proof purposes.

In case 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 costs. 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 payment method used by the consumer for the purchase.

The Seller is not responsible in case of damages, of any nature, deriving from the use of the Product in an improper way and/or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from fortuitous circumstances or force greater.

The legal guarantee provided for Buyers who are not consumers is only that provided for by art. 1490 c.c

Products repaired, modified or in any way altered by the Consumer are excluded from the legal guarantee. Also excluded from the scope of the warranty are any defects or discrepancies caused by accidental events or the responsibility of the Consumer, or by storage or use of the product that does not comply with its intended use and/or as provided in the technical documentation attached to the product, where existing, and in the instructions for use relating to the same, or the indications shown on the label.

 

ABSENCE OF THE CONSUMER'S RIGHT OF WITHDRAWAL

Unless otherwise expressly indicated on the Site, you do not enjoy the right of withdrawal provided for by the art. 52 of the Consumer Code since goods that risk deteriorating or expiring rapidly are sold on the Site, as well as sealed goods that are not suitable for return for hygienic reasons and in any case relating to health protection.

 

ABSENCE OF THE RIGHT OF RETURN

In the event of exercising the legal guarantee, there is no need for a return.

The return is not otherwise foreseen, as these are food goods that risk deteriorating or expiring rapidly, or goods sold sealed that are not suitable for return for hygienic reasons and in any case relating to health protection

 

APPLICABLE LAW, PREVALING LANGUAGE, JURISDICTION AND COURT

The sales contract between the Buyer and the Seller is concluded in Italy and governed by Italian law. Unless otherwise established, Italian law on the matter applies.

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

For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a Consumer, i.e. a natural person subject to Italian and European consumer legislation and who purchases the goods for purposes not related to one's professional activity, or does not make the purchase indicating a VAT number reference in the order, the territorial jurisdiction is that of the relevant court of his municipality of residence; in all other cases, the jurisdiction and territorial competence is exclusively that of the Court of Florence, Italy.