- Sales conditions
Art. 1 Definitions
- These terms and conditions are available in the consumer's favor for the reproduction and storage in accordance with 12 D.Lgs. no. 70/2003, have as their object the purchase of products made remotely by on line network, by the website mastrototaro.org, belonging to F.lli Mastrototaro Food Srl - P.Iva IT06717780727 - in the person of its managing director Mastrototaro Mauro, with registered offices in via Sant'Andrea, 299-76011 - Bisceglie (BAT).
- For online sales contract means the distance contract, so the legal transaction concerning goods and / or services concluded between a supplier, in this case the "F.lli Mastrototaro Food Srl" and a final consumer - customer or other professional users, as part of a distance sales organized by "F.lli Mastrototaro Food Srl" system that, for this contract, exclusively uses the remote communication technology called Internet.
- For consumers, it means the person who buys goods and services for purposes not related, whether directly, indirectly it, their professional activity.
- For professional user shall mean the natural or legal person who buys goods and services for purposes directly or indirectly related to their professional activity.
- For product, it means the prepared food from Mastrototaro Società Agricola Unipersonale Srl, from now on referred to as "the company".
Art. 2 Scope of application
- These general conditions of sale apply to customers who fall within the definition of "consumer", pursuant to D.Lgs no. 206/2005, which make purchases by e-commerce mastrototaro.org and allocate the product purchased exclusively for use private.
- These general conditions of sale are likewise applied to professional users customers who make purchases by e-commerce mastrototaro.org and not allocate the purchased product intended solely for private, but in the context of their professional activities.
Art. 3 Acceptance of the sales conditions
- These general conditions of sale are valid from the day of publication of the website mastrototaro.org and may be updated, changed or varied, obviously having effect for the future at any time by the company, which will communicate through the pages of website; the conditions of the premise are integral and essential part of this contract.
- All contracts will be concluded directly through access by the consumer client or professional user to website mastrototaro.org, where they will conclude the contract for the purchase of the desired product, carefully following the instructions and procedures.
- These general sales conditions must be examined "on line", before the completion of the purchase process; the submission of the order confirmation implies full knowledge of them and their full acceptance.
- The client or professional user, by sending electronic confirmation of his purchase order, unconditionally accepts and agrees to observe in its relations with the company, the general conditions and payment described below, claiming to have taken read and accepted all the indications provided by him, in accordance with the rules mentioned above, and also recognizing that the company does not consider itself bound to different conditions unless previously agreed in writing.
- The sales operations are governed, for the consumer customer, by the provisions of D.Lgs no. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the discipline of D.Lgs no. 196/2003 and subsequent additions or changes.
Art. 4 Object of the contract and the service
- The company, by the website mastrototaro.org, offers an online sales service of high-quality foodstuffs (preserves made directly by the company and, only occasionally based on seasonal, fresh produce), whose essential characteristics are to be carried within each product page.
Art. 5 Conclusion of the contract
- The receipt of order does not bind the company until the same has expressly accepted the order itself in a written or with the shipment of goods.
- The purchaser expressly gives to the company the right to partially accept also the order placed, allowing the direct shipment of goods within the limits determined by the company. In this case the contract will be completed in relation to the goods actually sold.
- The company will keep a copy of the orders received and sent acceptances for a reasonable period of time, in the observance of the law applicable. This documentation will be kept in the data server hosted in ServePlan SRL datacenters , and will be accessible to the staff of the company who needs to consult in relation to their duties, for the correct performance of the contractual conditions. The documentation will be also accessible to third parties for the sole purpose of execution of conditions, in addition to the persons entitled to access in accordance with applicable law.
Art. 6 Sales prices and procedures for purchasing
- For the client consumer, the delivery charges are on his own expense, until the customer's home / at his expense, subject to certain exceptions and derogations that will be specially advertised on the website.
- For the client not consumer, the shipping charges are on his own expense, unless otherwise agreed intervened with the company.
- The cost of shipments will always be declared to the customer before the confirmation of the purchase.
- All customers can pay the ordered goods by the payment methods indicated "on line" at the time of purchase.
- The prices of different typologies of transport refer to the weight, pack size, the delivery destination and / or any other required services (insurance, delivery schedules, etc.).
- In relation to the entity of the product price, before confirming the order, the company reserves the right to report any errors contained in the product form.
- Upon the occurrence of such event, the company will promptly inform the customer by sending an email pec, to give the possibility to the customer to cancel the order.
- If the customer decides to place the order, he accepts the modified price, provided that, in case of differences, the price will prevail as amended.
- In any case, the company will have the right to bring and / or modify the price and in this case the customer may back off before delivery if the final price is too high compared to what was originally agreed.
- The company reserves the right to verify the regularity of the advance payments made by credit card, debit and credit transfer before the acceptance.
- In any case should not be carried out the payment of any amount due by the defaulting customer, the company may declare immediately due and payable all sums due unpaid. Therefore, the company reserves the right to proceed against the defaulting customer, to obtain payment of the product price, at any time.
Art. 7 Payment terms
- It will be possible to do the payment choosing from the following methods:
- Bank transfer in favor of Mastrototaro società agricola s.r.l. to the following IBAN:
IT18I030 3241 3600 1000 0002 145
- Credit card: through PayPal secure portal, protected by strong 128bit encryption
- Payment on delivery
Art. 8 Delivery / receipt of the product
- The company will deliver to the customer at the address indicated, the products selected and ordered, in the manner prescribed by these General Terms and Conditions of the contract.
- In the event that payment is made by credit card, delivery will necessarily take place at the address of the card holder.
- The goods purchased will be delivered within the time allowed by the D.Lgs no. 206/2005 (30 days). No responsibility can be attributed to the supplier for late or no delivery due to reasons of force majeure or unforeseeable circumstances.
- The customer is obliged to verify, upon receipt, the conformity of the product delivered to him with the order made; only thereafter, and it has done unless of course the right of withdrawal, the customer must sign the delivery documents. The acceptance of goods without reservation shall extinguish all liability company in order to defects.
- The company is not responsible for damage or delay in delivery caused by the carrier to the products purchased, remaining completely extraneous to relations between the carrier and the customer.
- The customer can choose another carrier, it being understood that the transport will be at your own risk and expense, and that the payment cannot be made in payment on delivery, but only with advance payment.
- The company reserves the right to charge at the customer any additional costs, due to changes made to the delivery, do not immediately notified.
- If the customer, understood as the final consumer, refuse or fail to take delivery of the product in accordance with the provisions of these general sales conditions, all risks of loss or damage at the products will in any case on his charge. In this case the company will can:
- ask for the immediate and full payment of the products and make the delivery through any means considered it appropriate, or to deposit products at full risk and responsibility of the customer.
- request, however, the payment of all storage costs of the products and of any other additional costs incurred because of the refusal or failure to take delivery.
- cancel the order and dispose of the products, without prejudice to its right to compensation for damage caused by the customer, in addition to the risks and above charges.
- The customer different from the final consumer will not be entitled to refuse the products, on the whole, or even partially, and will have to make payment for the whole.
- When delivery of the products takes place in shared way, each batch of products shall be deemed to as referable to a separate and distinct contract; any defect in any one or more installments shall not legitimate to cease the entire contract neither to cancel the orders for each successive lot of goods.
- In case of defect or damage affecting the product, to be notified no later than 10 days after their discovery, the company is obliged to refund the price of the product, after verification thereof by the company.
- To this end, the customer must return the defective product at its own expense, without tampering, adulterating, or replacing it without disperse the contents, so that it can be controlled by the company.
- In cases where controls had a positive outcome, the company commits to secure the return of the product price that is really found to be defective.
Art. 9 Product Availability
- The customer may purchase the items as by digital catalog published on mastrototaro.org, for the quantities available in stock in the warehouse.
- The company while pledging to ensure the steady supply of the warehouse, cannot guarantee the uninterrupted availability of the products, particularly in relation to fresh food, remaining committed, in case of unavailability and payment, to inform the customer and to refund the price, with no extra charges, within 30 days.
- In connection with the sale of fresh products, the company informs that is an occasional sales linked to the supply and the seasonal nature of the product. The specifications of the fresh product, offered for sale by the website mastrototaro.org, will be properly posted and highlighted at the time of the aforementioned sale, for it to be consulted by the client, visiting the specific area and specific product cards.
Art. 10 Responsability
- The company assumes no responsibility for problems due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to implement within the agreed time to contract.
- The company will not be liable to any party or third parties for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the consumer client only entitled to a refund of the price paid.
- The company is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products. As stated above, the company, at no time during the purchase procedure is able to know the number of the purcaher’s credit card of which, by opening a secure connection, it is transmitted directly to the manager of banking.
Art. 11 Guarantees and support options
- The company sells high-quality products and offers a guarantee that the minimum duration depends on the type of product purchased, in accordance with applicable law. The guarantee begins on the day.
- All product descriptions, illustrations, drawings, particulars, dimensions, data related to the presentations and any other information available on the website, shall be construed as illustrations of a general nature of the products and do not represent in any way a guarantee or statement conformity of products to the same.
Art. 12 Customer's obligations
- The consumer customer agrees and undertakes, once the purchase procedure is terminated, to print these general conditions of contract, in order to fully satisfy the conditions set out in D.Lgs no. 206/2005 (Consumer Code), and to test them periodically by connecting to mastrototaro.org website.
- In case of changes which have occurred in these conditions, the consumer agrees to printing of the general sales conditions, as modified.
- It is strictly prohibited to the customer to enter false and / or invented and / or fantasy information, during the registration process necessary to provide him with the procedure for the execution of this contract and the subsequent communications; personal data and the email must be the only real personal data and not of some other person, or of fantasy.
- I It is expressly forbidden to make double entries corresponding to a single person or enter data of third parties. The company reserves the right to prosecute any violation or abuse, and for the protection of all consumers.
- The customer indemnifies the company from any liability arising from incorrect financial documents because of errors in the data supplied by the customer, since the customer is solely responsible for the correct insertion.
- The customer declares to be of legal age and possess the legal capacity necessary for the subscription of a contract having the force of law between the parties and that the information provided at time of order are updated, accurate and sufficient for the execution of 'order.
Art. 13 Right of withdrawal and procedure to return
- Under Article 64 D. Lgs no. 206/2005, the consumer customer can exercise the right of withdrawal, giving back the product in its original packaging and receiving a refund of the price paid, or by choosing one of the price compensation possibilities, offered by www.mastrototaro.org.
- The consumer, who for whatever reason are not satisfied with the purchase has the right to withdraw from the contract without penalty and without giving any reason, within 14 days from receipt of product.
- The deadline for return of the product is 10 days from the day of exercising the right of withdrawal.
- To exercise the right of withdrawal, the product must not have been used, opened, compromised but rather it is retained intact.
- To exercise the right of withdrawal, the customer must send a notice by registered post a / r or email pec at the address listed in the contact section, and then follow the instructions for return.
- The company will accept the goods, reserving the right to dispute the integrity of the product; within 30 days of notification of exercise of the right of withdrawal, the company will return the money paid for the purchase of the product. For all other compensation mode, see section 13.8 letter. F, (Return Instructions).
- The right of withdrawal is excluded in the following cases:
- for products customized or packed on customer specifications, or which by their nature cannot be returned;
- for fresh food or for periodic deliveries of food and household products delivered regularly or which by their nature are subject to deterioration in the short time;
- in connection with returned products that are damaged, opened, manipulated adulterated fault attributable to the customer.
- INSTRUCTIONS FOR RETURN
- To request authorization to return, it’s necessary to access at the section MY AREA, select the order and items to return back, and indicate the type of desired compensation.
- Once the procedure will be completed, www.mastrototaro.org will send a confirmation by e-mail containing the number of return authorization and instructions to be respected to return the goods.
- The courier for the return of the goods will be indicated in the email sent by www.mastrototaro.org. The return authorization number must be written on the waybill, which must be filled as indicated in the authorization e-mail received from the returns department.
- The return shipment made with the courier indicated by www.mastrototaro.org is free.
- If the return is sent back using a different courier, all costs will be charged to the client.
- Refund: The refund will be made within 30 days from receipt of notice of withdrawal / return. For payments made by credit card, the amount refunded will be available to customers in about 10 days and will still be visible on the next card statement. The timing will vary according to the banking system credit card. For payments made by Paypal or bank transfer, the amount will be returned to the original account. The refund will be issued in the same purchase original currency. Any amount of differences due to exchange-rate fluctuations cannot be refunded.
Art. 14 Comunications
- Any communication or notice in connection with these conditions will have to be made by registered post a / r or e-mail pec at the addresses listed in the contacts section.
- The last address or contact passed from the customer will be the address to which should be sent notices required by the Applicable Law with respect to legal proceedings, before to elect the domicile at the constituted attorney.
- Any communication is deemed to be received:
- Upon receipt of the registered post a / r
- At the hour and date of confirmation of evidence of opening the mail pec by the recipient.
Art. 15 Resolution of contract and express termination clause
- The company has the right to resolve the stipulated contract by simply informing the customer indicating the motivation; in this case the customer shall only be entitled to the restitution of the amount already paid.
- The obligations assumed by the customer in accordance with these terms and conditions, as well as the performance guarantee of payment, are essential so that, by express agreement, the 'default by the customer, the only one of the aforementioned obligations will determine the legal termination of the contract ex article 1456 c.c., without any judicial decision, subject to the right for the company to take legal action for compensation for further damage.
Art. 16 Privacy legislation, cookies and conditions of use of the website mastrototaro.org
- Please consult the Privacy section of the policy contained inside the website mastrototaro.org
- Please consult the section of cookies policy contained inside the website mastrototaro.org
- Please refer to read the Terms of Service section contained inside the site mastrototaro.org
Art. 17 Applicable law
- The contracts concluded under these General Terms and Conditions are governed by Italian law and has ruled out any reference to the laws of other countries. The rules of the UN Convention on Contracts for the International Sale of Goods (CISG - Convention on Contracts for the International Sale of Goods) will not be applied. The applicable law is valid only to the extent that mandatory provisions of the law of the consumer's residence are not opposed.
Art. 18 Jurisdiction and competent Court
- Any dispute regarding the application, execution, interpretation and violation of purchasing contracts concluded on-line by mastrototaro.org website is subject to Italian jurisdiction; these general conditions are reported, although not expected, with the provisions of D. Lgs no. 206/2005.
- Any dispute between the parties relating to this contract will be settled by the Court in whose district the consumer's domicile, the right laws in force; it is agreed that any dispute, notwithstanding any provisions concerning the territorial jurisdiction, shall be brought before the legal venue in Trani - District of Bari Court of Appeals for all others (foreigners and not consumers).