Abstract: Effectiveness of terms and conditions of sale
These terms and conditions of sale (hereinafter "terms and conditions") concern the regulation of the purchase of products made at a distance and made available, via the internet, from the website www.ilpanarofood.it.it (hereinafter, the Website) in compliance with the Italian legislation on distance contracts (D.lgs. 70/2003).
This site is the property of Il Panaro food srl. , with registered office in Via Pasquale Mazzacchera N 7 - 61029 Urbino (PU), registration with the Commercial Register of Pesaro Urbino nr 195716 P. VAT 02612710414, and is dedicated to the retail of food and non-food.
Panaro food srl observes the legislation on distance contracts pursuant to art. 50 and following of D.lgs. 206/2005 and D.lgs. 70/2003 and subsequent amendments and additions.
The Customer is obliged, before sending the order, to carefully read the terms and conditions that have been made available to him on the Site.
Distance contracts concluded with Il Panaro food Srl through the website are governed by these terms and conditions in compliance with Italian law. The language available to conclude the contract is Italian.
The seller is:
THE PANARO FOOD SRL
Registered Office: Via P. Mazzacchera n 7 61029 Urbino
Art.1 - Premises
The premises are an integral part of these terms and conditions of sale of the online sales service
Art. 2 – Definizioni
1. The term "online sales contract" shall mean the purchase and sale contract relating to the movable tangible property of Il Panaro food Srl, concluded between the latter and the Purchaser within the framework of a distance selling system through telematic tools, organized by Il Panaro food Srl.
2. "Purchaser" means the natural or legal person making the purchase, as referred to in this contract.
Art. 3 - Object of the contract
1. The panaro food Srl sells and the Buyer buys with a contract of sale at a distance, through the internet network, the food selected and ordered by the Buyer among those included in the electronic catalog on the website www.ilpanaro.it and currently available.
Art. 4 - Procedure for concluding the contract
1. The contract between Il Panaro food Srl and the Buyer shall be concluded exclusively through the Internet network through the Buyer’s access to www.ilpanaro.it, where, following the procedures indicated, the Buyer will arrive at formalizing the proposal for the purchase of the goods referred to in point 1 of the previous article.
2. The contract shall be deemed concluded, and shall be binding on both parties, after the exact completion of the application form and the consent to purchase and subsequent confirmation by Il Panaro food Srl, the registration of the purchase order made by the Buyer by order confirmation, sent to the e-mail address indicated by the Buyer.
3. The contract shall not be deemed to have been concluded and to be effective between the parties in the absence of the foregoing.
4. In the event of any unforeseeable stock shortages, Panaro foos Srl undertakes to notify the Purchaser promptly of the unavailability of the product and not to charge the purchaser the corresponding price, or to inform the Buyer of the waiting times, asking whether or not he intends to confirm the order.
6. Panaro Food Srl reserves the right not to accept incomplete and/or not duly completed purchase orders by sending an email to the e-mail address indicated by the Buyer.
Art.5 - Obligations of the Buyer
1. The Buyer undertakes to review and accept these terms and conditions.
2. The Purchaser undertakes, once the online purchase procedure has been completed, to ensure the printing and/or the preservation of these terms and conditions, which, moreover, he will have already viewed and accepted as a mandatory passage in the purchase. This in order to fully meet the condition of Articles 52 and 53 of Legislative Decree no. 206/05 and subsequent amendments and additions.
3. The Buyer is strictly prohibited from entering false data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications. Personal data and e-mail must also correspond exclusively to your personal data and not to those of third parties.
4. The Buyer declares that he is of legal age.
Art.6 - Delivery times and methods
1. Panaro Food Srl shall be responsible for delivering the products ordered to the Purchaser by courier at the place indicated by the latter.
2. Deliveries shall take place, approximately within 2 working days, starting from the date of order confirmation. Deliveries are not made on Saturdays and holidays.
Art.7 - Transport damage
1. In the event that the Buyer discovers any external damage to the packaging or the mismatch of the number of packages, he shall immediately reserve the right to check the Courier’s proof of delivery or refuse to accept the damaged package writing in pen the reason on the consignment note that the Courier requires to sign on receipt of delivery. The Buyer who has accepted the package subject to control and has subsequently found a damage to the product must promptly notify The Panaro food srl by writing an email to firstname.lastname@example.org or to whatsapp number 3402731864 specifying the order number and if possible to send photographic documentation
2. If the Buyer does not act in the manner and within the time limits indicated, he will lose the rights to replacement or refund.
3. Panaro Food Srl shall replace the damaged product after checking the submitted documentation. In the event that Il panaro food Srl is not able to replace the product, it may return the amount paid or replace it with a product of equal or greater value in agreement with the buyer.
Art. 8 - Notification of defects and legal guarantee
1. Panaro Food Srl is obliged to deliver to the purchaser goods in accordance with the contract of sale and is liable to the purchaser for any lack of conformity existing at the time of delivery of the goods.
2. The products are covered by a two-year legal guarantee for lack of conformity pursuant to art. 128,129, 130, 131, 132, 134, 135 of D.lgs. 206/2005 and subsequent amendments and additions.
3. The guarantee is reserved to the consumer as defined by Legislative Decree no. 206/2005 and subsequent amendments and additions.
4. The purchaser shall forfeit the guarantee if he does not report the lack of conformity to the seller by the expiry date of the products.
5. The legal guarantee shall cover only the replacement of goods which do not comply with the contract of sale, as they are foodstuffs. The guarantee does not operate in the event that the reported defects result from incorrect storage, handling or use or transport of the product by the consumer or in the event of non-compliance with the instructions provided by the food manufacturer on the product label. Likewise, the guarantee does not operate as often as the defect is attributable to the guilty or malicious conduct of the consumer or depends on other causes not related to the production and transport of the product to the consumer’s domicile.
6. In the event of a lack of conformity,the purchaser shall be entitled to the replacement of the product within a reasonable period unless the remedy itself is objectively impossible or excessively burdensome or in a secondary way shall be entitled to the reduction of the price or the termination of the contract.8. Riccione Srl reserves the right to verify the existence of the lack of conformity.
7. Panaro Food Srl reserves the right to inform the purchaser if it will collect the defective product at the purchaser’s domicile.
8. The operating times for the performance of the activities related to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
9. Panaro food Srl will never, under any circumstances, be burdened with charges arising from any delay in the delivery of the replaced product. In any case, the replacement will be made within 10 days from the return (if required) of the defective product.
Art.9 - Right of withdrawal
1. Pursuant to the law, the Buyer may exercise the right of withdrawal from the contract without specifying the reason and without the payment of penalties within 14 days from the day on which the Buyer acquires the physical possession of the goods.
2. In the event that the seller has not fulfilled the information obligations referred to in Art. 52, paragraph 2, lett. f) and g) and 53 of D.lgs. 206/2005 and subsequent amendments and additions, the period for the exercise of the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies if Il Panaro food Srl provides incomplete or incorrect information that does not allow the correct exercise of the right of withdrawal.
3. The right of withdrawal must be exercised by the Buyer by sending a communication via email to email@example.com.
4. The communication must include the name, address, order number, the willingness to withdraw from the purchase and the product or products for which the right of withdrawal is to be exercised; the Buyer must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate both a telephone number on which you can be contacted, both the bank details of the current account on which you want to receive a refund of the amount paid.
5. In order to comply with the withdrawal period, it shall be sufficient to send the communication concerning the exercise of the right of withdrawal before the expiry of the 15-day period.
6. Once the notice of withdrawal has been received, Panaro Food Srl will communicate to the Buyer the address to which to ship the products to be returned and the authorization to return the products.
7. The Buyer shall ship the product carefully packaged in its original packaging, complete with all originally contained, to the address communicated. The shipment by the Buyer must be made by courier or delivery to the Seller or to a third party authorized by him within 14 days of notification of withdrawal from the contract to Il panaro food Srl. Upon receipt of the products or until the purchaser has demonstrated that he has returned the goods, if this occurs first, Il Panaro food Srl will refund the amount paid to the purchaser. For the expiration of the term, the goods are returned at the time of delivery to the accepting post office or to the forwarder.
8. In case of exercise of the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 D.lgs. 206/2005 and subsequent amendments and additions the costs incurred by the Buyer for the return of the products to Il Panaro food Srl are borne by the Buyer.
9. In case of exercise of the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 D.lgs. 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
10. In the case of exercise of the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 D.lgs. 206/2005 and subsequent amendments and additions, Panaro food Srl will refund the sums paid by the Buyer within 14 days of the day on which it is informed of the Buyer’s decision to withdraw from the contract using the same form of payment used by the Buyer for the initial transaction.
Art. 10 - Prices
1. All sales prices of the products displayed and indicated within the website www.ilpanarofood.it constitute an offer to the public pursuant to art. 1336 c.c.
2. The Buyer shall pay Il panaro food Srl for the products purchased the price indicated in the online catalogue at the time when the Buyer has placed the order. This price will be expressed in Euro and will include VAT.
3. The shipping costs of the products, where provided for by the Buyer, will be applied according to the prices indicated in the appropriate section published within the site.
4. The prices of products may be updated and may therefore be subject to daily changes.
5. The minimum shipping order is 20 euros.
Art.11 - Contribution to shipping costs
1. The purchaser will pay to Il Panaro food Srl, as a contribution to shipping costs, the fixed amount of € 20 for purchases made Europe.
Art.12 - Promotions and gifts
1. Any promotions proposed by Il Panaro food Srl and the offer of any free products are valid until stocks of products are exhausted. Promotional products can be delivered in promotional packages, other than those published on the site. www.ilpanaro.it
2. Discount codes may not be combined unless otherwise stated on the voucher.
3. No replacement or return is possible in relation to any products received free of charge by the Buyer.
Art.13 - Liability
1.Panaro Food Srl assumes no liability for defects attributable to force majeure, if it fails to perform the contract within the agreed time.
2. Force majeure, by way of example but not exhaustive, shall be caused by accidents, fires, strikes, earthquakes, floods and other similar events, as well as any other circumstance beyond the control of Il Panaro food srl.
3. Without prejudice to the provisions of art. 8 of Directive U.E. 97/7 and art. 56 D. Lgs. 206/2005 and subsequent amendments and additions, Panaro food Srl assumes no responsibility for the fraudulent use possibly made by third parties of the credit card data provided by the Buyer.
Art.14 - Payment and billing methods
1. The Buyer shall pay for the products ordered as follows: Paypal and/or Stripe and/or Satispay and/or bank transfer and/or cash on delivery
2. Once the method of payment has been chosen, the buyer will be directed to the relevant site to make the transaction and complete the payment.
4. The payment will include the costs for the shipping fee, where applicable, to be paid by the Buyer, in accordance with the terms of the offer published on the website www.ilpanaro.it
5. Panaro food Srl will send the invoice by e-mail to the address indicated in the order by the Buyer.
6. For the issuance of the tax document, the information provided by the Buyer at the time of the order shall be deemed to be authentic. No change will be possible after the issuance of the tax document. To this end, the Buyer undertakes to carefully verify the data entered at the time of the order, as these will be used for accounting records.
Art.15 - Safety
1. Online transactions shall be carried out on the respective sites via secure servers using the Secure Socket Layer (SSL) protection system. This protocol allows communication in a mode designed to prevent the interception, modification or falsification of information. 2. Panaro Food Srl never becomes aware of the Credit Card or Paypal, Stripe or Satispay account of the customer.conto Paypal, Stripe o Satispay del cliente.
Art.16 - Amendments
1. Panaro Food Srl reserves the right to change these terms and conditions at any time by publishing on the website and www.ilpanaro.. it version updated from time to time.
2. Any new clauses shall be effective for purchases made after the date of the amendment.
Art.17 - Applicable law
1. This contract is governed by Italian law. These terms and conditions are, for what is not expressly provided therein, D.Lgs. 206/05 and subsequent amendments and additions.
Art.19 - Place of jurisdiction
1. Any dispute relating to the application, execution, interpretation of this contract concluded online through the website www.ilpanaro.it is subject to Italian jurisdiction.
2. The court of the place of residence or domicile of the Purchaser shall have jurisdiction in disputes arising between the Parties in connection with this contract if they are situated in the territory of the Italian State.
3. Where the residence or domicile of the Buyer is not located in the territory of the Italian State, the Court of the place where the delivery of the goods took place shall be competent.
Art. 20 - Protection of confidentiality and processing of Buyer’s data
1. Panaro Food Srl protects the privacy of its customers and guarantees that the processing of data is in compliance with the provisions of the privacy law referred to in Legislative Decree no. 30 June 2003, 1961.
2. Personal and fiscal data acquired directly and/or through third parties by Il Panaro food Srl, the data controller, shall be collected and processed in paper, computer and telematic form, in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to perform the service requested (Art. 24, paragraph 1, lett. b, d.lgs. 196/2003)2.
3. Panaro food Srl undertakes to treat with confidentiality the data and information transmitted by the Buyer and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be provided only at the request of the judicial authority or other authorities authorized by law.
4. Personal data shall be communicated, subject to a commitment to the confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract concluded and communicated exclusively for this purpose.
5. The Buyer enjoys the rights referred to in art. 7 of d.lgs. 196/2003, namely the right to obtain:
a) the updating, correction and integration of data;
b) the deletion, transformation into anonymous form or blocking of data processed in violation of the law, including those whose storage is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c) proof that the operations referred to in paragraphs a) and b) have been brought to the attention, including as regards their content, of those to whom the data have been communicated or disseminated, except where such performance proves impossible or involves the use of means manifestly disproportionate to the protected right. The data subject also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if relevant to the purpose of the collection; ii) the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for the performance of market research or commercial communication.
6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. In default, the Purchaser’s request cannot be granted.
7. In any case, the acquired data shall be retained for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will be safe.