General terms and conditions of sale and use of the site
These terms and conditions of sale and use of the site ("Terms") regulate:
- the use, by the user, of the website hosted at the address https://www.ristorantelarossa.it ( "Site");
- the purchase and delivery of products made through our Site. The products purchased on the Site ("Products") are sold directly by Andrea Larossa's Larossa Restaurant, with registered office in Alba, Via Don Giacomo Alberione n. 10 / D, Tax Code and VAT number LRSNDR80M26L746P - 02410900035.
In welcoming you to our site, Before continuing with access or use, we invite you to carefully read these Terms, which apply to all visitors and / or users of the Site. By accessing or using the Site you confirm that you accept these Terms and express your willingness to be bound by them. If you do not agree and / or do not accept these Terms, you will not be able to use this Site and therefore we invite you to immediately stop using it.
These Termsalso, together with your Order Confirmation, constitute the contract between the parties concerning the purchase of the Products and to which different terms or conditions will not apply. Confirming that you have read and accepted these Terms when you place an Order through our Site, you confirm that you accept them unconditionally. The contract can be modified only as a result of a mutual agreement reported in writing or by e-mail.
If you need further information, remember that you can always contact Andrea Larossa, by e-mail at email@example.com or by telephone at +393405206629.
1. Our commercial policy.
1.1 The Seller offers the products for sale on the Site and carries out its e-commerce activity exclusively towards its end users both as "consumers" pursuant to Legislative Decree 206/2005 (Consumer Code) and ss. mm.ii., both as professional operators under any legal form.
1.2 When we speak of "consumer" we refer exclusively to any natural person who acts on the Site for purposes not related to his commercial, entrepreneurial or professional activity, in any way possibly carried out.
1.3 In consideration of its commercial policy, the Seller reserves the right not to follow up on orders that do not comply with it. In general, the Seller reserves the right to refuse orders or the provision of services to anyone and at any time.
1.4 To place orders on the Site, lend user must be of legal age, possess the necessary requirements to enter into legally binding contracts, have a valid e-mail address and have a verified PayPal account or credit card or bank account (the method of payment by credit card or bank transfer can only be used for orders sent by e-mail to firstname.lastname@example.org as better specified in the following art. 8.2).
1.5 These General Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders for the products available on the website www.ristorantelarossa.it between users and the Seller.
2. Functionality and purposes of the Site.
2.1 We use our site to promote and provide information on Andrea Larossa's activities, products and initiatives, as well as to book events through the section of the site.
2.2 Within specific sections of our site, additional functions may be provided. For example, however not exhaustive, users may be allowed to send us requests for information or request the sending of newsletters relating to the Products and our initiatives through the specific sections and / or pages of the Site by clicking on the appropriate hyperlink.
2.3 You can always unsubscribe from the newsletter using the specific unsubscribe request command located at the bottom of the e-mail received.
3.2 By using the Site, you acknowledge and accept that communications made through the Internet are never completely confidential and secure and that any information or message sent to the Site could be read or intercepted by subjects other than the legitimate recipients, even in the presence of any notices that specify that a particular transmission is encrypted. If you do not agree with our privacy policies and / or do not intend to accept them, we invite you to immediately stop using our site.
4. Registration and Personal Account.
4.1 In order to conclude the purchase contract, you must be AGE, i.e. you have reached the age of eighteen, register and open an account ("Account") by entering all the data requested in the appropriate section of the Site. By indicating incorrect data, you will assume all consequences both with regard to this contract and any other nature required by the law applicable to this conduct.
4.2 Please keep in mind that you will be responsible for all activities carried out through your Account (including but not limited to, any purchase of our Products made through your Account) and we therefore invite you to keep accurate and confidential your access data and to ensure that third parties do not use your Account without your consent.
4.3 Andrea Larossa may cancel or suspend your Account, at any time and without notice where: (i) reasonably believes that you are using the Account in violation of these Terms, (ii) reasonably believes that a third party is using your Account without your consent, or (iii) deems it reasonably necessary to cancel or suspend your Account for security or maintenance purposes.
4.4 The personal data you enter for the purpose of registering the Account, and in general personal data collected through the Site, are processed in compliance with the General European Regulation for the protection of personal data 2016/679 (General Data Protection Regulation or GDPR) as detailed in our Privacy disclaimer that we invite you to consult and that you will be invited to confirm that you have read and accepted at the time of providing the data.
5. Object of the Contract.
5.1 With these general conditions of sale, the Seller sells and the consumer remotely purchases the tangible movable goods indicated and offered for sale on the website www.ristorantelarossa.it. The contract is concluded exclusively through the internet, through your access to the address www.ristorantelarossa.it and the creation of a purchase order according to the procedure provided by the site itself. Before proceeding with the confirmation of your order, you undertake to read these general conditions.
5.2 In the order confirmation e-mail, the consumer will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005 (Consumer Code), modified by Legislative Decree 21/2014.
6.- Pre-contractual information.
6.1 Before the conclusion of the purchase contract, the customer takes a look at the characteristics of the goods that are illustrated in the individual product sheets at the time of his choice
6.2 Before validating the order with "payment obligation", the customer is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the term within which the Seller undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal / rethinking, as well as the related form referred to in Annex I, part b, of Legislative Decree 21/2014;
- information that the customer will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- conditions of after-sales assistance and commercial guarantees provided by the Seller.
6.3 The consumer can at any time and in any case before the conclusion of the contract, take knowledge of the information relating to the Seller, the geographical address, telephone and fax number, e-mail address, information already reported above.
7.- Conclusion of the contract and procedure.
7.1 On the Seller's website, the products described therein can only be purchased by subjects MAGGIORENNI, that is, who have reached the age of eighteen. With the inclusion of an electronic payment method, any contracts concluded by minors will be deemed authorized by the parents or in the event of separation or divorce from the parent with whom the minor was placed, or had to be, at the time of purchase. In any case, without prejudice to the responsibility for the untruthful indication of your data when registering, for all legal purposes the parties agree and agree that the purchases made on the Seller's Site are to be considered of modest value.
7.2 The sales contract is considered concluded with the sending by the Seller to the consumer of an order confirmation email. The e-mail contains the customer data and the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent and a copy of these conditions in format. pdf so that he can print and archive the copy.
7.3 You undertake to verify the correctness of the personal data contained in the above e-mail and to promptly notify the Seller of any corrections / changes to be made.
7.4 The company undertakes to describe and present the items sold on the site in the best possible way, including their main characteristics in the Product Sheet, ingredients and components and allergens referred to in Regulation (EU) no. 1169/2011 - to Directive 2011/91 / EU - to Legislative Decree n. 231/2017. Nonetheless, the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ in color, size, accessory products shown in the figure. All purchase support information is intended as simple generic information material, except for the parts and elements that the law requires to be precise and detailed. Consequently, the images and colors of the products offered for sale on the Site may not correspond to the real ones and in any case also contain partial errors, inaccuracies or small differences between the product shown on the site and the real product, also due to the effect of the Internet browser and / or monitor and / or stand used. In case of doubts about the aforementioned elements, please contact us at our references.
7.5 To conclude the purchase contract for one or more products on the Site, after adding the products to the shopping cart, you must follow the instructions for the check-out procedure indicated on the relevant page, indicating the billing information, the shipping address payment and finally confirming the sending of the order form electronically.
7.6 In the order form, displayed immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of your order. The contract is concluded when the Seller receives your order form electronically , after checking the correctness of the data relating to your order.
7.7 The order form will be archived in our database for the period of time necessary to process orders and in any case within the terms of the law. You can access your order form by consulting the "My order" section.
7.8 If you wish to cancel your order, you must write an e-mail exclusively to email@example.com indicating in the cancellation e-mail the order number assigned at the end of the purchase procedure. The purchase order can only be canceled until the ordered Products have been delivered to the courier for shipment. If the cancellation is no longer possible because the Products have already been shipped, the Seller will immediately notify the customer by e-mail of the impossibility of proceeding with the cancellation.
7.9 When proceeding with the transmission of the order form you will be warned that this forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order form, it is the customer's responsibility to check the correctness of the data entered.
7.10 The languages available to conclude the contract with the Seller are Italian and English.
7.11 Once the contract is concluded, Andrea Larossa will process your purchase order.
7.12 The Seller may not process your purchase orders which do not give sufficient guarantees of solvency or which are incomplete or incorrect or in the event of unavailability of the products.
7.13 In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not followed up on your purchase order specifying the reasons.
7.14 If the products presented on the Site are no longer available or on sale at the time of your last access to the Site or when sending the order form, the Seller will notify you promptly and in any case within thirty (30) days. starting from the day following that in which you have sent your order to the Seller, the possible unavailability of the products ordered.
7.15 In the event of the unavailability of products already paid for, the Seller will reimburse, without undue delay, what has already been anticipated and the contract will be considered terminated between the parties.
7.16 With the electronic transmission of the order form, you unconditionally accept and undertake to observe, in relations with the Seller, these General Conditions of Sale and confirm that you know and accept the additional information contained on the Site. If you do not share some of the terms in the General Conditions of Sale, we invite you not to submit the order form for the purchase of products on the Site.
7.17 Furthermore, with the electronic transmission of the order form, you unconditionally declare and confirm that you know, have verified and accept the essential characteristics, ingredients, components and allergens, the latter referred to in Regulation (EU) no. 1169/2011 - to Directive 2011/91 / EU - to Legislative Decree n. 231/2017, of the products purchased. In case of doubts about the aforementioned elements, please contact us at our references or do not make the purchase.
7.18 Once the contract is concluded, the Seller will send you, by e-mail, a receipt of the purchase order and from that moment the order will no longer be editable.
7.19 We remind you that the product you purchase is intended exclusively for the country in which you place the order (Italy); therefore, if you decide to place the product in a different country, you are responsible for placing it and you are required to follow the applicable regulations and restrictions both for exporting from the country in which you purchased the item and for importing it in the country in which you intend to bring it and the Company declines as of now any responsibility for such autonomous and personal behavior.
7.20 The Seller also accepts that the purchase order is sent by e-mail to firstname.lastname@example.org. In this case, once the order has been received, the Seller will request the billing, shipping and payment data and confirm the availability of the products. Once these data have been received, the Seller will send you the order confirmation by e-mail with a summary of the products purchased.
8. Product availability.
The availability of the products refers to the actual one at the time of the order.
This availability must however be considered purely indicative as:
- the products could be sold to other buyers before confirming the order;
- an IT anomaly may occur.
Even after sending the order confirmation e-mail sent by the Seller, there may be cases of total or partial unavailability of the product / s. In this eventuality, the order will be automatically corrected with the elimination of the unavailable product (s) and you will be promptly informed of this with an e-mail in which the methods and timing of reimbursement of any sums paid will be indicated.
9.1 On the www.ristorantelarossa.it website, products are offered for sale whose price is expressed in euros and include VAT and other taxes where required by applicable law.
9.2 The shipping costs are indicated and calculated at the time of the conclusion of the purchase process before making the payment.
9.3 The consumer accepts the right of the Company to change its prices at any time, without prejudice to the billing based on the price indicated on the website www.ristorantelarossa.it at the time of confirming the order with the forms provided by these conditions of sale .
9.4 In the event of an IT, manual, technical, or any other error that could result in a substantial change, not foreseen by the Seller, of the sale price to the public, so as to make it exorbitant or clearly negligible, the purchase order will be considered invalid and canceled and the amount paid by the consumer returned within 14 (fourteen) days from that of the cancellation notice which must take place as soon as possible.
10.1 As applicable to the product purchased on the Seller's website, the legal guarantee of receipt of non-compliant or defective products will allow you to exercise the right to restore the conformity of the product at no cost by repairing or replacing the product. With the exception of food products, perishable and in any case excluded from the right of withdrawal / rethinking / rethinking pursuant to art. 59 of Legislative Decree 206/2005 (Consumer Code), you can also exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to the Seller within two months of discovery. Within this period you will have to proceed with the creation of an IT file Reso by accessing the "My orders" section of the "My online account" space on the website www.ristorantelarossa.it: in the event of a defective or non-compliant product, the Company will arrange, at its own expense, to organize the collection of the product, compatibly with your availabilities.
10.2 In any case, without prejudice to the exclusion of the guarantee for food products, perishable and in any case excluded from the right of withdrawal / rethinking / rethinking pursuant to art. 59 of Legislative Decree 206/2005 (Consumer Code), all other products and in any case those indicated by the Law are covered by the 24-month legal guarantee for lack of conformity, pursuant to art. 129 of Legislative Decree no. 206/2005 (Consumer Code). Under the legal guarantee, the Seller is liable to the Consumer (natural person who acts for purposes unrelated to business, industrial, commercial, artisanal or professional activities), for any lack of conformity existing at the time of delivery of the product, as required by art. 130 of Legislative Decree no. 206/2005 and within the term of 24 months from the date of purchase.
10.3 A lack of conformity occurs when the purchased good: 1. is not suitable for the use for which goods of the same type are usually used; 2. does not comply with the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model; 3. does not present the usual qualities and performances of an asset of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or in the labeling; 4. is not suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted. Consequently, any failures or malfunctions determined by accidental events or by the user's responsibility are excluded from the field of application of the Legal Guarantee, or by a use of the product that does not comply with its intended use and / or with the description or technical documentation attached to the product.
10.4 Orders are invoiced in Euros and correspond to the prices in Euros shown on our website. The amount that will be charged to your credit card or to your Paypal account or to your bank account may vary as it is based on floating exchange rates and bank fees or in any case applied. The Seller invites customers to contact their banking institution to request detailed information on exchange rates and bank commissions or in any case applied in relation to their transaction, regarding which the Customer recognizes the Seller's non-responsibility and irresponsibility.
In accordance with the Law and without prejudice to the other causes of exemption from the Seller's liability, the latter in any case does not assume any responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even where dependent on malfunctions and disservices of the internet, in case in which it is unable to execute the order within the time provided for in the contract.
12. Methods, times and shipping costs.
12.1 The shipment of the products is made by courier which guarantees delivery within 2 - 7 days. For this reason it is not possible to choose a specific courier when ordering and it is not possible to request delivery with a firm deposit at post offices.
12.2 Some products on our Site / SHOP cannot be delivered by the courier due to their delicacy or the nature of the products themselves: in this case it will only be possible to collect them from the Sales office, by prior telephone agreement by calling +39 3405206629_ or by contacting the Seller at email@example.com.
12.3 During the order, it is important to indicate a correct telephone number (landline or mobile number), to facilitate the resolution of the delivery procedure.
12.4 It is important to indicate a delivery address where someone is present who can collect the goods. In addition, it is important to always indicate the surname on the intercom.
12.5 We invite you not to insert a PO BOX in the address field, as the courier would be unable to deliver the purchased goods. Therefore, a physical delivery address must be entered. In the case of deliveries made to receptions (with signature for collection by the receptionist) or condominiums with caretaker / concierge (with signature for collection by the caretaker / concierge), Andrea Larossa is not held responsible by the parties for subsequent missed deliveries of the parcel to the final recipient.
12.6 The Seller will also not be held responsible for any delays due to the execution of the transport service by the express courier services. Any delays by the courier do not give the right to withdraw / rethink the purchase or to request compensation for damages. Anyhow, if the goods were not delivered within the term of 30 (thirty) days, you must send to the e-mail firstname.lastname@example.org a formal written invitation to the Seller to make the delivery within an appropriate additional term: only if this additional additional term expires without that the goods have been delivered, you can exercise the rights pursuant to art. 61, paragraph 3, of Legislative Decree 206/2005 (Consumer Code).
12.7 Pursuant to and for the purposes of art. 61, paragraph 4, Legislative Decree 206/2005 (Consumer Code) the parties provide that the delivery time is never essential, unless express written agreement with the seller to be concluded before the order.
12.9 Shipping Times.
ITALY (including islands)
Delivery normally takes place within 3-5 days, 24 hours from the date of registration of the order. Any delays in delivery can be caused by the temporary unavailability of the products, by malfunctions in the service by the courier, by causes of force majeure or in the event of holidays. In case of purchase by credit card or PayPal or bank transfer, the delay in shipping may be caused by the impossibility of withdrawing the authorized payment amount. Except as provided above, if the goods have not yet been received within 3-5 working days (excluding Saturdays, Sundays and holidays), please call +393405206629 or contact email@example.com.
In any case, the delivery terms doubled during the holidays.
13.1 To pay the price of the products and the relative shipping and delivery costs, you can follow one of the methods indicated on the order form. In no case will you be charged costs higher than those actually incurred by the Seller, in relation to the payment instrument chosen by you.
13.2 The following forms of payment are accepted:
- PAYMENT BY CREDIT CARD BY MEANS OF PAYPAL
Since all transactions are processed by Paypal, the Site Customers are guaranteed maximum security on their purchase;
- PAYMENT WITH PAYPAL ACCOUNT VERIFIED
The customer can pay directly through his verified Paypal account. The Site only accepts Paypal payments from verified accounts and reserves the right to ship the goods to the address indicated on the account verified by Paypal. Payments sent from unverified Paypal accounts will be canceled;
- PAYMENT BY CREDIT CARD
The customer can also pay by credit card, but only by placing the order by e-mail at firstname.lastname@example.org and after completing and signing the authorization form to debit the credit card sent by the Seller. In case of payment by credit card, the financial information (for example, the credit / debit card number or the expiry date) will be forwarded, through secure protocols, to the credit institutions involved in the financial transaction, which provide the related remote electronic payment services, without third parties having access to them in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the relative refunds in the event of any product returns, following exercise of your right of withdrawal / rethinking, or if you makes it necessary to prevent or report to the police the commission of fraud on the Site. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to your credit card at the moment the shipment of the products purchased;
- PAYMENT BY BANK TRANSFER
The customer can also pay by advance bank transfer, but only by placing the order by e-mail at email@example.com. In this case, the Seller will provide the Customer with the data necessary to make the payment by bank transfer (IBAN, order number, etc.) and, once confirmation of accreditation has been received, it will ship the purchased products.
14. Gift Voucher.
14.1 The purchased Gift Vouchers will be sent directly by e-mail immediately after making the online payment and have no shipping costs.
14.2 Shipping costs will be counted only if the order also contains other products purchased from our Shop or sent by courier at the specific request of the customer, according to the rates shown in these conditions of sale (art.7.7).
14.3 If, in addition to a Gift Voucher, other items in our Shop will also be purchased, the Voucher will still be sent only by e-mail and not together with the other products.
14.4 The Gift Voucher will have a unique identification code, indicated in the e-mail. It is necessary to refer to this code for any type of request.
14.5 The validity of the Vouchers is 6 months from the date of purchase: after this period they will no longer be usable and cannot be refunded in any way.
14.6 Gift Vouchers can be used every day of the week excluding holidays. In the case of a "Catering" Voucher, the chosen menu will be served for the whole table; the table reservation will be considered valid only if the Voucher will be mentioned at the time of booking and delivered in paper form on arrival at the "Larossa" restaurant on the same day.
14.7 The exercise of the right of withdrawal / rethinking for Gift Vouchers is possible within 14 days from the date of purchase, except for the case in which the same Voucher was activated in the aforementioned term by making a reservation and providing the unique identification code . In this case, in fact, the Voucher cannot be reused or refunded in any way and for any reason.
14.8 Anything not expressly indicated in the Gift Voucher presentation form is not included in the packages.
15. Right of withdrawal / change of mind.
15.1 You have the right of withdrawal / rethinking / rethinking with respect to the order concluded, without charging any penalty and without specifying the reason, within 14 (fourteen) days, starting from the day of receipt of the products purchased on the Site.
15.2 In some specific cases it will not be possible to exercise the right of withdrawal / rethinking / rethinking, as required by art. 59 of Legislative Decree 206/2005 (Consumer Code). By way of example, it will not be possible to withdraw from the purchase made when the order concerns Products:
- sealed which are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery;
- which are liable to deteriorate or expire rapidly;
- made to measure or clearly personalized.
15.3 Pursuant to the previous paragraph, we therefore specify that among the Products that “they are likely to deteriorate or expire rapidly" is that "they are not suitable for return for hygienic reasons”Include all food products as the characteristics and qualities of these types of products are subject to alteration also as a consequence of inappropriate opening and / or storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal / rethinking / rethinking is applicable only for products purchased on the Site for which this right is not excluded due to their nature and in any case by art. 59 of Legislative Decree 206/2005 (Consumer Code).
15.4 For further explanatory purposes, the right of withdrawal / rethinking is excluded with reference to certain products and services indicated in art. 59 of the Consumer Code. In particular (without the following list being intended as a limitation of the cases provided for by law) the right of withdrawal / rethinking is excluded with respect to: a) contracts for accommodation services for non-residential purposes, for the transport of goods, car rental, catering services and those relating to leisure activities, when it comes to services to be used on a specific date or in a pre-established period. It should be noted that tickets for theater, music, cinema or other entertainment events also fall into this category; b) the service contracts, after their complete performance, whose execution began with the express agreement of the Member and with his acceptance of the loss of the right of withdrawal / reconsideration following the full execution of the contract; c) the supply of goods or services the price of which is linked to fluctuations in the financial market which the professional is unable to control; d) the supply of goods made to measure or clearly personalized or which, by their nature, are liable to deteriorate or alter rapidly. It should be noted that perishable food products and products with an odometer, a meter or a different meter also fall into this category, in relation to which the indication of the use made would have an immediate and irrefutable impact on their value, thus preventing their new marketing and their resale at the initial price; e) the supply of sealed goods which are not suitable for return for hygienic reasons or connected to the protection of health and which have been opened after delivery; f) the supply of sealed audio or video recordings or computer software, once opened by the Member. Products that present the breaking of the protection seal will be considered open by the Member; g) newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications.
15.5 To withdraw from the contract / exercise the right of rethinking you can use the Withdrawal / Afterthought Form compliant with the standard form pursuant to art. 49, paragraph 4, of the Consumer Code and subsequent amendments and available in the Shop section "Info and returns", to be printed by the customer, to be filled in, signed and sent to the Seller exclusively by e-mail at firstname.lastname@example.org. As soon as possible, the Seller will send confirmation by e-mail of the receipt of the request for withdrawal / reconsideration.
15.6 If the customer chooses, on the other hand, to send another declaration of withdrawal / rethinking, the burden of proving the correct and timely exercise of the right of withdrawal / rethinking, will be borne by the customer.
15.7 In case of partial withdrawal / rethinking from multiple orders / purchases, the amount of home delivery costs to be reimbursed to the consumer will be quantified in the difference between the total delivery costs for the originally multiple order and those that he would have incurred for an order in which the product (s) for which the consumer exercised the withdrawal / rethinking / rethinking had not been present. The illustrated calculation method will be applied in any other case in which the Seller proceeds to partially refund the home delivery costs, except for the cases in which the cost of delivery must be borne by the Seller.
15.8 Once the withdrawal / rethinking has been exercised, the customer must return the product (s) to the Seller by delivering them to the courier for shipment within 14 (fourteen) days from when the decision to withdraw was communicated in the aforementioned forms and methods. from the contract.
15.9 Except as otherwise provided, in the event of withdrawal / change of mind shipping costs are charged to the customer of the products to the address indicated during the purchase, as well as those of return of the products purchased.
15.10 The shipping for the return of the product is under your responsibility, until the moment the Seller confirms that he has received the product; in the event that the product is damaged during the return to the Seller, the latter will notify you of the incident to allow you to make a complaint against the courier chosen by you and obtain a refund of the value of the product, if this is insured; therefore, the Company will make the product available to the Customer, canceling the withdrawal / rethinking.
15.11 In addition to compliance with the terms and conditions described in the previous points, the right of withdrawal / rethinking is understood to be exercised correctly if the following conditions are also fully respected:
- the withdrawal / rethinking form (or other written and explicit declaration of the customer's decision to withdraw from the contract) must be correctly completed and sent to the Seller at the dedicated e-mail address, no later than 14 (fourteen) days from receipt of the Products;
- the Products must not have been used;
- the Products must be returned in their original packaging;
- Returned Products must be delivered to the courier no later than fourteen (14) days from the time the decision to withdraw from the contract was communicated to the Seller;
- the Products must not be damaged.
15.12 If the right of withdrawal / rethinking is exercised following the methods and terms indicated above, the Seller will refund, in the same way in which the payment was made and unless the customer has expressly agreed in writing with the Seller to use a different means of payment, any sums already collected for the purchase of only the products (net, that is, of the shipping and return costs, which remain the responsibility of the customer) in the shortest possible time and, in any case, within 14 (fourteen) days from the date on which the Seller became aware of the exercise of the customer's right of withdrawal / reconsideration, without prejudice to the provisions of art. 56, paragraph 3, of the Consumer Code and subsequent amendments.
15.13 If the methods and terms for exercising the right of withdrawal / rethinking referred to in this article are not respected, the customer will not be entitled to a refund of the sums already paid to the Seller. Within 14 (fourteen) days from the sending of the e-mail with which the non-acceptance of the return will be communicated, the customer can choose to obtain, at his expense and unless this is possible, the Products in the state in which they were returned to the Seller, by giving notice to the Seller himself, in the manner that will be communicated on that occasion. Otherwise, the Seller may retain the products, in addition to the amounts already paid for their purchase. With a view to maximum transparency and clarity, we reiterate that the right of withdrawal / reconsideration lapses if you do not return the goods to the Seller within 14 (fourteen) days from the date on which you communicated the withdrawal / reconsideration itself. The deadline is considered respected if you deliver the goods to the courier by 14mo (fourteenth) day from the communication of withdrawal / rethinking in the agreed forms. The right of withdrawal / afterthought is also lost in the event of a substantial defect in the returned product (lack of internal packaging and / or documentation and / or original packaging; absence of integral elements and accessories of the product; damage; unsuitable state of return) and in general in case of non-compliance with the conditions set out in this article. In all cases of forfeiture of the right of withdrawal / rethinking, the Seller will return the goods to the consumer, who will not be entitled to any refund of any kind.
15.14 If there is no correspondence between the recipient of the Products indicated in the order form and who made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal / rethinking, will be performed by the Seller, in any case, against the person who made the payment, without the recipient of the Products having any right towards the Seller.
15.15 It is however the customer's responsibility to check the condition of the packaging and the Products delivered by the courier and refuse delivery when there are evident signs of damage. If the customer does not verify the state of the packaging on delivery and / or refuses the delivery of the Products for the conditions of the packaging, the Seller cannot be held responsible for any damage and / or defect found subsequently due to transport.
16. Property, Copyright & Trademark.
16.1 The Site and all its content is owned by Andrea Larossa. This includes such texts, files, tables, information present on the pages of the site, graphic elements, HTML, logos, keys, icons, images, graphics, audio-video tracks, compilation (meaning by this the collection, the arrangement and assembly), all software, source codes, application projects, formulas, algorithms, databases, etc., used on the site are to be considered the exclusive property of Tartuflanghe or its content and product suppliers and are protected by international laws (L. 663/1941 and subsequent amendments) on copyright, patents and those relating to intellectual and / or industrial property.
16.2 Consequently, anyone who consults for any region and purpose the aforementioned Site cannot modify, duplicate, distribute, transmit, reproduce, publish, license, create derivative works, transfer or sell information, software, products or services obtained from this Website. even if not for profit. Any type of violation will be prosecuted in any venue permitted by applicable law.
17. Responsibility for the site.
17.1 Andrea Larossa publishes information on its site in order to provide a service to its customers, however it declines any responsibility for the possibility of any technical or factual inaccuracies and / or typographical errors for which immediate, following a report, is foreseen correction.
17.2 Andrea Larossa also reserves the right to make corrections and changes to the site whenever it deems it necessary without giving prior notice.
17.3 Andrea Larossa does not offer any guarantee on the compliance of the information published on its website with the laws foreseen by the jurisdiction of the country of residence of the Client other than the Italian one.
17.4 Andrea Larossa declines all responsibility for any problems, damages or risks that the user may encounter while using the site.
17.5 Andrea Larossa declines all responsibility for any malfunctions related to the deactivation of cookies in the user's browser.
17.6 Although the utmost care has been taken in creating the Website, the information, texts, documents, graphic elements, films, music and any other service contained therein may contain errors or otherwise be incorrect or incomplete. To the extent permitted by current legislation, the Company is identified by the parties as not responsible for any damage caused by viruses or other material harmful to the technology that could infect the computer, computer programs or other proprietary materials of the user as a result of the use by the user himself of the Website or the download of any content present on the same or on any website linked to the same or still caused by any errors or incompleteness of the Website. Despite the use of security technologies and for encryption, the security of data and payments transmitted via the Internet or by e-mail cannot be guaranteed and therefore the Company is identified by the parties as not responsible for any damage suffered.
18. Different responsibilities.
18.1 If you are a Consumer, the provisions of this Contract cannot limit or exclude our liability in case of violations of the law.
18.2 To the extent permitted by current legislation applicable to this contract, in the event of non-fulfillment of these general conditions, the Company will be liable for losses or damages to the consumer that are a foreseeable consequence of a violation of these general conditions, or of negligence, by the company itself. By foreseeable we mean losses or damages that are an evident consequence of the aforementioned violation or that have been contemplated by the user and by our Company at the signing of the contract.
18.3 If the user has suffered damage as a result of our Company's activities related to the purchase of products through the Website, to the extent permitted under applicable legislation, our responsibility will be limited:
a) damage to products or other materials;
b) the reasonable and demonstrable costs incurred by the user to detect the cause and amount of damages referred to in point a);
c) the reasonable and demonstrable costs incurred by the user to avoid or reduce the damage referred to in point a).
18.4 Our Company will not be responsible for any damages suffered by third parties as a result of the use of our products. Our Company assumes no responsibility for damage suffered by the user as a result of the improper use of our products.
18.5 Nothing contained in these general conditions excludes or limits the liability of our company beyond the legal limits.
18.6 To the extent permitted by current legislation, our Company excludes all conditions, warranties, declarations or other terms that may apply to the Website or its contents, of an implicit or explicit nature.
18.7 We invite you to take note of the fact that our Company provides the Website for domestic and private use only. As a user, you agree not to use the Website for any commercial or business purpose and our Company assumes no responsibility for any loss of profit, emerging damage, business interruption or loss of business opportunities.
19. Changes and updates.
19.1 Andrea Larossa is given the right by the parties to correct / review the terms and conditions contained in this legal note, by updating it, whenever it deems it appropriate, without any obligation to give prior notice and / or specific communication.
19.2 The user is obliged to comply with the terms contained in this legal notice, periodically checking for updates, changes and corrections.
20. Applicable law and dispute resolution.
14.1 The General Conditions of Sale are governed by Italian law and in particular by the Legislative Decree 6 September 2005, n. 206 (Consumer Code and subsequent amendments), Chapter I "Consumer rights in contracts", With specific reference to the legislation on distance contracts and the Legislative Decree 9 April 2003, n. 70 on certain aspects of electronic commerce.
14.2 By accessing the Site, users also declare that they are subject exclusively to the jurisdiction of the Court of Asti, without prejudice to what is provided in favor of the consumer by art. 66-bis of the Consumer Code and subsequent amendments, as well as the most favorable rules applicable according to the law of the municipality of residence of the buyer.
14.3 Access to the Site from places where its contents are considered illegal is expressly prohibited. Users who decide to access the Site from these countries are fully aware of the legal consequences and penalties they risk incurring and will be solely and exclusively responsible for compliance with local laws.
15. Dispute resolution procedure via the platform Online Dispute Resolution ( "ODR").
Pursuant to and for the purposes of art. 14 of EU Regulation 524/2013, customers resident in the States belonging to the European Union may resort, for the resolution of disputes relating to the online services offered by this Site, to the On-line Dispute Resolution (ODR) procedure, provided for by the European Commission. More information can be obtained at the following link: https://ec.europa.eu/consumers/odr/ or on the Milan Chamber of Commerce website risolvionline.com at the following link: https://www.risolvionline.com.