SALES TERMS AND CONDITIONS
GENERAL SALES CONDITIONS
(pursuant to Chapter I, Title 3 of Part 3 of Italian Leg. Decree 206/2005 and subsequent amendments and additions)
1. Introduction and Applicability of the General Conditions
These general conditions of sale (hereinafter, "General Conditions") govern the purchase of products and services, carried out remotely and made available via the internet, from the site www.parmaparmesan.com (hereinafter, the "Site") in compliance with Italian regulations of Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "the Consumer Code").
The seller of the products and owner of the Site and the brand Parma Parmesan is: Global Advice Srl, with registered office in Via Trento, 30 - 43122 Parma, and registration in the Companies Register of Parma n. PR-26673 - email address: firstname.lastname@example.org. Identified below as Parma Parmesan.
The client who accesses the Site to make purchases (the "Client") shall, before sending the order, carefully read these Terms and Conditions made available on the Site and available at all times to the Client also via the link in the order confirmation email sent for reproduction and storage.
In the event the person purchasing from the Site requires an invoice and/or is not a "consumer or user" as defined by art. 3, paragraph 1, comma a) of the Consumer Code, the right to cancel as set out in Articles 7 and 8 of the General Conditions will not apply or, more generally, the prescriptions pursuant to the same Consumer Code shall apply only to "consumers".
The contracts signed with Parma Parmesan via the Site are governed by these General Conditions in compliance with Italian legislation. The language used to draft the contract is English.
2. Choosing and Ordering Products
The features and the price of the various products offered on the Site (the "Product" or "Products") are shown on each Product page.
With the confirmation of the order, which is equivalent to a contract offer, the Client acknowledges and states they have read all the instructions provided during the purchasing procedure and fully accepts the current General Terms and payment conditions.
The contract between Parma Parmesan and the Client should be considered final once the order is accepted by Parma Parmesan. This acceptance is communicated to the Client through an order confirmation email containing a reference to the Terms and Conditions, order number, shipping and billing date, list of Products ordered with their main features and the total price, including shipping costs. The Client will check the confirmation email and if any errors are found, he will have 12 hours from receiving the email to contact Customer Service directly at the email address email@example.com. After that time, the order will be processed for shipping and no further modifications will be accepted, without prejudice to the Client's rights as set out in Article 7.
After receiving the order, Parma Parmesan will check the availability of stock for the order's fulfilment. In the event that one or more products are not available, Parma Parmesan Customer Service will send a prompt email to the Client, who, within the following 12 hours, will be able to confirm the shipment of any other Products available or cancel it. If no reply is received in that time-frame, the order will be deemed confirmed and the available Products will be shipped. In this case, the entire amount for the missing Products will be refunded; depending on the chosen payment method, the Client will not be charged.
3. Product Information
The information and specifications relating to the Products is available, with the relevant Product codes, on the Site.
The visual representations of the products on the Site, if available, usually correspond to the photographic image accompanying the description. It is understood that the image of these Products has the sole purpose of presenting them for sales and may not be fully representative of its features, but differ in colour and size. If there is a difference between the image and the written product information, the written product information shall prevail.
4. Prices and Shipping
Product prices are inclusive of Italian taxation. The Client is responsible for paying any local taxes. Shipping costs vary according to the destination country. These charges will be communicated to the Client at checkout time and before confirming the purchase. When the Client selects a destination country, the shipping charges will be automatically updated.
5. Payment Methods and Invoicing
5.1 Payment Methods
The Client may pay for the Products and the shipping expenses by credit card, PayPal or with prepaid credit cards.
The circuits available for purchase on the Site are:
Visa / Visa Electron
To ensure maximum security, the Client will carry out the payment transaction directly on the bank's secure server.
The Site does not store the Client's credit card number, but thanks to the secure communication system of the credit institution, from the second purchase, the Client- via the suitable option - may proceed with the purchase without having to reinsert their data if they wish to. The Credit Institute uses SSL to encrypt data transmitted between its server and the Client's browser.
After confirming the order, the Client will be redirected to the PayPal site, where they can make the payment using their existing PayPal account or a bank card (including prepaid cards), or using any of the other methods accepted by PayPal and in compliance with the relevant conditions.
5.2 Billing of Orders
If the purchase is made by a professional, an invoice can be requested by selecting the appropriate box during the order procedure and inserting the invoicing data including tax code and/or VAT number. In this case, the invoice will be sent via email to the address indicated. The professional is responsible for entering the proper invoicing data and is expressly informed that, if no invoice is requested during the ordering phase, it will not be possible to request it subsequently.
6. Shipping and Delivery
The Products purchased on the Site will be delivered to the address indicated by the Client during the purchase procedure in the "Shipping data" field.
All purchases will be delivered by courier (hereinafter, "Courier") from Monday to Friday, except national holidays and festivities. Parma Parmesan is not responsible for unforeseen delays or those for which it cannot be attributed.
Once the products are shipped, the Client will receive a confirmation email with a tracking link for the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days from the day when Parma Parmesan confirmed the order to the Client with an order confirmation email.
Shipments abroad will take place with different carriers depending on the destination country, in order for the Client to obtain the best rate.
The Client has the right to terminate the purchase contract for any reason, without explanation and without penalty, except for the exclusion cases provided in the following point IV. To exercise this right, the Client must send notice to Parma Parmesan within 14 days of receipt of the Products at firstname.lastname@example.org. If the Client intends to cancel the order before receiving the Products, the cancellation notice can be sent at any time before their delivery.
After receiving the notice, the Parma Parmesan Customer Service will open a file to manage the return and send the Client instructions to send back the Products, which will be shipped via the courier indicated by Parma Parmesan.
The right to cancel is governed by the following conditions:
1. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, a purchase cannot be cancelled for only a part/several parts of the Product.
II. If a Client of exercises the right to cancel, Parma Parmesan will reimburse the Client the full amount of the returned goods, including any shipping expenses, within 14 days from the date when the cancellation notice was received, with prejudice to Parma Parmesan's right to suspend the refund payment until the goods have been actually received. The refund will be given using the same payment method used by the client, unless the latter has not expressly requested a different method.
III. In order to also ensure the refund service is pursuant to Article 8, the Products must be returned in the same box they were received in.
IV. In addition to the cases outlined in the Introduction (non-consumer client and/or requesting an invoice), the cancellation right is excluded in the following cases pursuant to Art. 59 of Italian Legislative Decree 21/2014:
- orders for Products packaged based on specifications or which are clearly personalized;
- orders for Products which are liable to deteriorate or expire rapidly;
- orders for sealed Products that are not suitable for return due to hygiene or health protection reasons, or which were opened after delivery.
Referring to the cases of cancellation exclusion listed above, in particular the Client is informed and accepts that Products which "may deteriorate or expire quickly" include all food Products. Therefore, for reasons of hygiene and Client protection, the cancellation right only applies to Products bought on the Site which can be returned to Parma Parmesan and put back on the market without creating any danger to consumers' health.
In those cases excluded from cancellation requests, Parma Parmesan will return the purchased Products to the Client, at his expense.
8. 8. Easy Returns when exercising a cancellation right
As a more favourable condition for the Client, Parma Parmesan will fully bear the costs of shipping and returning the Products if the cancellation right is evoked.
In order to qualify for this free shipping, the Client wishing to exercise the cancellation right should follow the steps in article 7 and wait to be contacted by Parma Parmesan to arrange Product return by courier.
2. Warranty and Conformity defects
If the Products sold by Parma Parmesan are not compliant, the Client must immediately contact Customer Services at email@example.com.
The sale of Products is covered by the legal safeguards laid down in Articles 129, 130 and 132 of the Consumer Code. The Client is entitled, at his discretion and if the type of Product so permits, to have the Product's compliance restored by repair or replacement without any additional charge, or to receive an appropriate price reduction, or to terminate the contract. The Client will forfeit said rights if he does not report the non-compliance to Parma Parmesan within two months of discovering the defect, unless the Products are by nature perishable or subject to a shorter expiration date, in which case the defect should be reported within this reduced time-frame.
3. Errors and Limitations of Liability
The information regarding the Products provided through the Site is regularly updated. However, it is not possible to guarantee the complete absence of errors for which Parma Parmesan cannot be held liable, except in cases of willful misconduct or gross negligence.
Parma Parmesan reserves the right to correct any errors, inaccuracies or omissions even after an order has been made, or to change or update information at any time without prior notice, without prejudice to the Client's rights pursuant to these Terms and Conditions and the Italian Consumer Code.
Excluding willful misconduct or gross negligence, every Client right to damages or compensation shall be excluded, as well as any contract or tort liability for indirect or indirect damages to people and/property caused by the non acceptance or fulfilment, even partial, of an order.
Any complaint must be sent to Parma Parmesan at the email address firstname.lastname@example.org.
Parma Parmesan undertakes to respond to all requests within a maximum of 10 working days.
5. Applicable Law and Jurisdiction
The sales contract between the Client and Parma Parmesan is understand as finalised in Italy and governed by Italian law. If the Client is a consumer under the Italian Consumer Code, any disputes concerning the interpretation, performance or termination of these General Conditions or of individual purchase orders shall be the exclusive competence of the Court of the town or municipality of residence or domicile of the Client if located in Italy; in all other cases, the applicable jurisdiction shall be that of the Court of PARMA, at the exclusion of any other competent Court.
According to Article 1341 of the Italian Civil Code, the Client declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery).