DEFINITIONS
The following terms and conditions and any other related rules made available in writing (collectively ‘Terms of Sale’) apply to any products that you (‘The Customer’) may order on the internet through the website www.lacascinadimarta.it.
The seller of the products and owner of the Site is:
Marta di Marta Arcagnati
Via Morbidina di Quartirolo, 7
41012 Carpi Mo
F.C.: RCGMRT61E46D037C
IP: 03777510367
Email address: [email protected]
Unless otherwise provided for in other specific provisions, the terms listed below shall have the meaning attributed to them in these General Terms and Conditions of Sale:
- ‘lacascinadimarta’ refers to Marta di Marta Arcagnati.;
- ‘You/Customer’ represents the customer or buyer;
- ‘Site’ represents www.lacascinadimarta.it
- ‘Product’ means goods;
- ‘Business Day’ or ‘Business Days’ means days when our offices are open for normal business (generally every day from 8.30 a.m. - 5.30 p.m. excluding Saturdays, Sundays, public holidays and exceptional circumstances).
- ‘Force majeure events’ include situations resulting (directly and indirectly) from any strikes, lockouts, fires, floods, pandemic, war, proven inability to procure products, materials, services, breakdowns, delays by suppliers or couriers, government laws or regulations or any other cause or event beyond our control. The above is provided as an example only. There are other events that may be of a force majeure nature.
SUBJECT
These General Terms and Conditions of Sale relate to the purchase of food products made remotely via telematic network on the site www.lacascinadimarta.it.
The customer who accesses the Site to make purchases is obliged, before sending the order, to carefully read these General Terms and Conditions of Sale, which will be available for consultation by the customer at any time, including via the link contained in the confirmation email of each order.
ACCEPTANCE OF THE ORDER / TERMINATION OF THE CONTRACT
By sending the order on-line, the Customer transmits to Marta di Marta Arcagnati a contractual proposal for the purchase of the product and/or products placed in the shopping cart. When the Customer places an online order for the products he or she has placed in the shopping cart, he or she agrees to purchase them
- at the price indicated and with the characteristics described (technical data of the product included) and/or posted and edited on the site;
- under the conditions set out in these General Terms and Conditions of Sale, duly confirmed during the purchase process;
- by fully approving the Privacy Policy, also available on the Site.
The contract will be finalised when Marta di Marta Arcagnati sends the customer an e-mail of acceptance and confirmation of the order containing the number, date, total amount of the order and transport costs, as well as the method of delivery of the product; link to the General Terms and Conditions accepted during the order process; link to the Privacy Policy.
If, for any reason whatsoever, Marta di Marta Arcagnati is unable to accept the Customer's order, for one of the cases indicated below, it will promptly notify the Customer to the e-mail address provided previously.
In particular, Marta di Marta Arcagnati will not accept orders
if the product, at the time of the order, is no longer in stock. In this case it will be possible to make arrangements on new delivery times by contacting and talking directly with the customer service department by e-mail.
- if the credit card issuer, or in any case the credit card institute, does not confirm the payment.
However, Marta di Marta Arcagnati reserves the right not to accept the order at its discretion.
CUSTOMER COMMITMENTS
These General Terms and Conditions of Sale must be examined online by Customers before sending their orders. The placing of the order therefore implies their full knowledge and acceptance, as well as the signing of the clauses pursuant to Articles 1341 and 1342 of the Italian Civil Code. The placing of the order therefore implies their total knowledge and integral acceptance.
PRICES
All prices on the site include VAT. The prices indicated are subject to updates based on changes in the prices of raw materials on the markets. The prices shown at the time of ordering may no longer be subject to variations due to the aforementioned price fluctuations.
MINIMUM ORDER AND SHIPPING COSTS
On the Site from 16 May 2022 it is only possible to place orders above the minimum amount of 49 euros. We also advise that shipping costs will be free of charge for orders with a minimum subtotal of 130€, otherwise the shipping cost is set at 7.90€.
PAYMENTS
Payment for the purchased products and related shipping costs must be made by the customer when placing the order by PayPal or Credit Card. Marta di Marta Arcagnati is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards when paying for purchased products.
PAYMENT WITH PAYPAL
By choosing to pay by PayPal, at the conclusion of the order the Customer is directed to the relevant payment page. The amount of the order shall be debited from the PayPal account at the time of order confirmation; in the event of cancellation of the order due to non-acceptance by Marta di Marta Arcagnati, the amount shall be refunded to the Customer's PayPal account. At no time during the purchase process is Marta di Marta Arcagnati able to know the Customer's financial information: as there is no data transmission, there is no possibility of this data being intercepted. No computer file of Marta di Marta Arcagnati
. contains, nor does it store, such data.
PAYMENT BY CREDIT CARD
Payment by credit card is made through the PayPal system or directly by Card.
CHANGE OF GOODS
Marta di Marta Arcagnati. does not allow the exchange of products purchased online. For questions or clarifications, please contact Customer Service by sending an email to [email protected]
CONFORMITY DEFECTS
Conformity defects are detectable within two years from the delivery of the goods, the defect must be notified in writing to the Customer Service within two months from the moment of discovery, under penalty of forfeiture.
In the event of conformity defects in the Products sold by Marta di Marta Arcagnati, the Customer must immediately contact the Assistance Service at the following address [email protected]
and send documentation, including photographic documentation, in support of the claim. Once the designated Office has concluded the examination phase, the communication of acceptance of the report received will eventually follow. In accordance with the provisions of the Consumer Code (Art. 128 ff.), the Customer may request the replacement of the Product without any disbursement, unless this solution is impossible or excessively burdensome for Marta di Marta Arcagnati. In this case, the Customer shall have the right to demand a reduction in the price or the reimbursement of the amount paid for the defective Product only, followed by the issuance of a relative credit note.
The Parties shall also agree on the possible return of the goods or their destruction. Should it be decided to return the Product, Marta di Marta Arcagnati
shall organise the collection of the goods at its own expense, the refund to the Customer of the sum paid shall take place after the return of the goods to the Company, and in any case no later than ten days from the approval of the refund solution.
Reports concerning defects already known to the customer at the time of sale will not be taken into consideration.
RIGHT OF WITHDRAWAL
Pursuant to Art. 59 of the Consumer Code, the right of withdrawal from the purchase contract is excluded for sealed products that have been opened after delivery, and for perishable products, i.e. those that expire within the legal term of 14 days from delivery of the goods. It should be noted as of now that the right of withdrawal is not provided for: a) orders of Products made to measure or clearly customised; b) orders of Products in danger of deteriorating or expiring rapidly (e.g. meat products; agricultural, fish and pre-packaged food products with a very short expiry date); c) orders of sealed Products that are not suitable for return for hygienic or health protection reasons. With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that ‘risk deteriorating or expire rapidly’ include all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage.
In all other cases, Marta di Marta Arcagnati acknowledges to the consumer customer (i.e. a natural person who buys goods for purposes not related to his entrepreneurial or professional activity) the right of withdrawal for any reason, without explanation and without penalty, if exercised within 14 days of delivery, granting a refund of the price of the returned products, including delivery costs, while the customer will be responsible for the cost of returning the goods. Marta di Marta Arcagnati. may withhold the refund until it has received the product or until proof of return is provided, whichever occurs first.
ASSISTANCE SERVICE
For any information or complaints regarding your purchase, please contact Customer Service by sending an email to [email protected].
SHIPPING AND DELIVERY
All orders will be shipped according to the shipping postcode within the first working day following the expected delivery round in Italy.
We recommend that you complete the delivery notes indicating precisely the intercom, the floor, the staircase, the presence of lifts or porters, and to be present at the address indicated. It should be noted as of now that it is not the responsibility of the carrier, mandated by Marta di Marta Arcagnati to carry out the delivery, to check whether the person collecting the goods has actual title on the part of the orderer (principle of apparent representation).
In the event that the goods, sent by courier, do not arrive by the deadline, the Customer must contact us by sending an e-mail to [email protected].
The courier shall deliver the goods only against a signature confirming receipt thereof. In the event that the goods have not been delivered due to the Customer's inability to receive them, the latter shall first contact the courier via the references left by the courier for cases of non-receipt of goods and, if this is not possible, contact the Customer Service.
If the customer requests collection of the order at Marta di Marta Arcagnati's premises, the following times will be observed
- for orders placed on the day up to 14:00, collection can be made from 15:00 to 17:00
- for orders placed after 14:00, collection can be made the following day in the morning from 9:00 to 12:00 or in the afternoon from 15:00 to 17:00
LIABILITY FOR LATE DELIVERY
Marta di Marta Arcagnati shall not be liable for unforeseeable delays or delays not attributable to it. If the delivery of the goods does not take place within the agreed time or if the courier in charge does not deliver the goods within the agreed time, Marta di Marta Arcagnati will contact the Customer as soon as possible and, according to the Customer's needs, will try to establish another delivery date. In the event that no such agreement can be reached, Marta di Marta Arcagnati will refund the full amount paid. The refund will be confirmed on interbank circuits within ten working days of Marta di Marta Arcagnati's acceptance of the refund solution
PHOTOGRAPHY
Some items may appear slightly larger or smaller than the actual size of the item in order to fit the item to the screen or due to photographic techniques. Other items may be depicted larger than actual size in order to show details clearly, or smaller than actual size in order to show the item in full. Consequently, Marta di Marta Arcagnati is not responsible for errors or inaccuracies in the photographs or graphic representations of the products shown on the website, and in the event of any difference between the image and the written product sheet, the description in the product sheet shall always prevail.
PROCESSING OF PERSONAL DATA
Personal data are collected for the purpose of registering the Customer and activating the procedures for the execution of the Contract and the relative necessary accounting and fiscal fulfilments; such data are processed electronically in compliance with the laws in force and may only be produced at the request of the judicial authorities or other authorities authorised by law for this purpose. The personal data shall be communicated to the parties delegated to carry out the activities necessary for the execution of the Contract entered into, exclusively within the scope of this purpose; specifically, the data may come to the knowledge of the Data Controller, the Data Processor and the persons in charge of the processing of personal data, such as the forwarding agent. It is strictly forbidden for the customer to enter false and/or fictitious data in the registration procedure required for the conclusion and execution of the Contract and the related further communications: the personal data and e-mail address must be exclusively the customer's own real personal data and not those of a third party, or fictitious data. The customer assumes all responsibility for the consequences connected with the erroneous indication of his/her data and indemnifies Marta di Marta Arcagnati from any liability deriving from the issue of erroneous tax documents due to errors in the data provided by the customer. The interested party enjoys the rights set forth in Legislative Decree 196/03.
Please refer to the privacy policy pursuant to EU Regulation no. 679/2016 (‘GDPR’) and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018.
JURISDICTION
The contract of sale between the Customer and Marta di Marta Arcagnati is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Terms and Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the Court of the Customer's municipality of residence or domicile shall have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction shall be exclusively that of the Court of Modena, any other jurisdiction excluded.
The delay or failure of Marta di Marta Arcagnati to exercise any of its faculties, rights or remedies under these Terms and Conditions of Sale shall not constitute a waiver thereof, nor shall the single or partial exercise of any such faculties, rights or remedies prevent the future or different exercise thereof.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
Marta di Marta Arcagnati reserves the right to change the site, policies and these General Terms and Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory requirements. Orders placed at that time will therefore be subject to the policies and terms of the General Terms and Conditions of Sale in force from time to time, unless any changes to such policies and terms are required by applicable law or competent authorities (in which case, they will also apply to orders previously placed). If any provision of these terms and conditions is held invalid, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of the remaining provisions.
ERRORS AND LIMITATIONS OF LIABILITY
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, Marta di Marta Arcagnati cannot be held liable, except in the event of fraud or gross negligence.
Marta di Marta Arcagnati reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.
Except in the event of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or non-fulfilment, even partial, of an order, is excluded.
