Terms and Conditions of Sale for the online sales service
Preamble: effectiveness of the terms and conditions of sale
These terms and conditions of sale (hereinafter “Terms and Conditions”) refer to the rules governing the remote purchase of products made available via the Internet at www.monogranofelicetti.it (hereinafter, the Website) in respect of Italian legislation on the subject of distance contracts (Legislative Decree No. 70/2003).
This website is owned by Pastificio Felicetti S.r.l., whose registered office is in Via L. Felicetti 9, Predazzo (TN) tax code and registration in the Companies Register TN80020 VAT No. 00122630221 and is dedicated to the retail sale of food products.
The seller is:
Alce Nero S.p.A.
Registered Office: Via Palazzetti, n. 5/c 40068 San Lazzaro di Savena (Bologna)
Tax Code/VAT No.: 02548940374/04345510376
REA (Economic and Administrative Index): BO 338223
Alce Nero S.p.A. observes the rules concerning contracts concluded at a distance referred to in Art. 50 and following of Legislative Decree No. 206/2005 and Legislative Decree No. 70/2003 and any subsequent amendments and additions.
Contracts concluded at a distance with Alce Nero S.p.A. Via the website are governed by these terms and conditions in respect of Italian legislation. The languages offered for concluding the contract are Italian and English.
The Customer is obliged to carefully read the terms and conditions that have been made available on the Website before placing an order to enable them to be reproduced and saved.
Art. 1 – Premises
The premises are an integral part of these TERMS AND CONDITIONS OF SALE FOR THE ONLINE SALES SERVICE
Art. 2 – Definitions
1. The expression “online sale contract” refers to a contract for the sale of the goods of Alce Nero S.p.A., concluded between it and the Buyer in the context of a distance selling system via telematic tools.
2. The expression “Buyer” refers to the natural or legal person who performs the purchase, referred to in this contract.
Art. 3 – Subject of the contract
1. Alce Nero S.p.A. sells and the Buyer purchases the food products selected and ordered by the Buyer, with a distance sales contract, via the Internet from those entered in the electronic catalogue on the website www.monogranofelicetti.it and currently available.
Art. 4 – Procedures for concluding the contract
1. The contract between Alce Nero S.p.A. and the Buyer is only concluded via the Internet by means of the Buyer accessing the address www.monogranofelicetti.it, where, following the procedures indicated, the Buyer can formalise the proposal for the purchase of the goods referred to in point 1 of the previous article.
2. The contract is concluded and is binding for both parties, after carefully completing the request form and consent to the purchase and subsequent confirmation of the registration of the purchase order performed by the Buyer via a summary order message sent to the email address indicated by the Buyer and/or with a screenshot.
3. Without that stated in the previous point the contract shall not be deemed completed and effective between the parties.
4. In the event of any unforeseen depletion of stocks due to unforeseeable factors or other causes, Alce Nero S.p.A. undertakes to notify the Buyer of the unavailability of the product via email in a timely manner and to reimburse or not charge the Buyer the corresponding price, or inform the Buyer of the waiting times to obtain the item selected, asking whether they intend to confirm the order or not.
5. Alce Nero S.p.A. reserves the right not to accept purchase orders that are incomplete and/or not duly completed by notifying the Buyer via mail at the address indicated and/or with a screenshot.
Art. 5 – Buyer’s obligations
1. The Buyer undertakes to read and accept these terms and conditions.
2. The Buyer undertakes, once the online purchase procedure is complete, to print and/or save these terms and conditions, which they have already read and accepted as a mandatory step for purchasing. This is done to meet fully the condition referred to in Articles 52 and 53 of Legislative Decree No. 206/05 and any subsequent amendments and additions.
3. The Buyer is strictly forbidden from inserting false and/or fictitious information in the registration procedure required to activate the procedure to execute this agreement of sale and further communications. Personal data and the email address must also exclusively match their personal data and not those of third-party persons.
4. The Buyer declares being of adult age.
Art. 6 - Delivery times and procedures
1. Alce Nero S.p.A. assumes the burden of delivering the products selected and ordered by the Buyer to the place specified by the Buyer and by courier.
2. Deliveries are made promptly, usually within 3/5 working days from the date of sending acknowledgement of the purchase order by Alce Nero S.p.A. We do not ship on Saturdays and public holidays.
Art. 7 - Damage caused by transport
1. If the Buyer finds any external damage to the packaging or the number of packages does not match they must immediately put a written subject to checking on the Courier’s proof of delivery or refuse to accept the damaged package by handwriting the reason on the consignment note that the Courier needs to be signed on receipt of delivery. A Buyer who has accepted the package subject to checking and has subsequently found damage to the product must report the damage within 8 days from receipt of the delivery by sending a letter by recorded delivery with acknowledgement of receipt to Alce Nero S.p.A., Via Palazzetti 5/c - 40068 San Lazzaro di Savena (BO), Italy. The Buyer shall also specify the grounds for the complaint and the purchase order number and tax documentation.
2. In the case in which the Buyer finds product damage due to transport not visible from the outside or the incorrect number of products received, they must report the damage, in the first case within 8 days of discovering it and, in the second within 8 days of delivery by sending a letter by recorded delivery with acknowledgement of receipt to Alce Nero S.p.A., Via Palazzetti 5/c - 40068 San Lazzaro di Savena (BO), Italy. The Buyer shall also specify the grounds for the complaint and the purchase order number and tax documentation.
3. If the Buyer does not act according to the procedures and by the deadlines specified in points 1 and 2 of this Article they shall lose the right to a replacement or refund.
4. Alce Nero S.p.A. will replace the damaged product as a result of a complaint lodged by the Buyer. In the case where, for whatever reason, Alce Nero S.p.A. is unable to replace the product, it may refund the full amount paid or replace it with a product of equal or greater value in agreement with the Buyer.
Art. 8 – Complaint due to defects and statutory guarantee
1. Alce Nero S.p.A.is obliged to deliver goods to the Buyer in accordance with the sale contract and is liable in respect of the Buyer for any lack of conformity which exists when delivering the goods.
2. The products are covered by the statutory guarantee of two years due to lack of conformity pursuant to Articles 128,129, 130, 131, 132, 134, 135 of Legislative Decree No. 206/2005 and any subsequent amendments and additions.
3. The consumer shall be entitled to the guarantee as defined by Legislative Decree No. 206/2005 and any subsequent amendments and additions.
4. The Buyer shall forfeit the guarantee if no complaint is lodged with the seller due to lack of conformity within a period of 2 months from the date on which the defect was discovered.
5. The statutory guarantee only covers the replacement of goods that do not conform with the sale contract, as the subject of the contract is food products. The guarantee does not apply to defects reported arising from incorrect storage, handling or use or transport of the product by the consumer or in the event of failure to comply with the instructions provided by the manufacturer of the food product present on the product’s label. Similarly, the guarantee does not apply when the defect is attributable to culpable or deliberate behaviour by the consumer or depends on other factors not related to the production and transport of the product to the consumer’s home.
6. If the Buyer finds conformity defects they must report the damage within 2 months from the date of discovering the defect, by sending a letter by recorded delivery with acknowledgement of receipt to Alce Nero S.p.A. Via Palazzetti, 5/c - 40068 San Lazzaro di Savena (BO), Italy. The Buyer shall also specify the grounds for the complaint and the purchase order number and tax documentation.
7. In the event of a lack of conformity, duly reported by the specified deadlines, the Buyer shall have the right to a product replacement within a reasonable period unless this is not objectively impossible or too costly or will be entitled to a price reduction or termination of the contract. A minor lack of conformity for which it was not possible or is too expensive to offer a repair or replacement does not entitle the Buyer to terminate the contract.
8. Alce Nero S.p.A. reserves the right to check for the existence of the lack of conformity.
9. Alce Nero S.p.A. reserves the right to notify the Buyer when removing the faulty product from the Buyer’s home.
10. The operating times for completing 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.
11. Alce Nero S.p.A. will never, in any case, incur any costs resulting from any delay in the delivery of the product replacement or from the refund of the price. In any case, except in exceptional circumstances, the replacement will be made within 60 days from delivery of the faulty product to Alce Nero S.p.A. In the contrary case, the Buyer will have recourse to one of the alternative legal remedies (termination of the contract or reduction of the price paid taking account of the possible use of the product).
Art. 9 – Right of withdrawal
1. Under the law, the Buyer may exercise the right to withdraw from the contract without giving any reason and without paying a penalty within 14 days from the day on which the Buyer or a third party other than the carrier designated by the Buyer acquires physical possession of the last good where the information requirements provided for in Art. 52 of Legislative Decree No. 206/2005 and subsequent amendments have been met.
2. In the case in which the seller has not fulfilled the information obligations referred to in Articles 52, paragraph 2(f) and (g) and 53 of Legislative Decree No. 206/2005 and subsequent amendments and additions the period for exercising the right of withdrawal ends 12 months after the end of the initial termination period. This latter term also applies in the case in which Alce Nero S.p.A. provides incomplete or wrong information that does not allow the proper exercise of the right of withdrawal.
3. The right of withdrawal must be exercised by the Buyer by sending written communication by a recorded delivery letter with acknowledgement of receipt, or by a suitable download form at this link, or through any other declaration, provided it is explicit, to be sent to the address Alce Nero S.p.A., Via Palazzetti, 5/c - 40068 San Lazzaro di Savena (BO), or by fax to 051 6540201, or by email to the address email@example.com. If the latter mode is selected, a confirmation email of receipt of said termination will be sent immediately.
4. The notification must indicate the Buyer’s name, address, purchase order number, desire to withdraw from the purchase and the product or products for which the Buyer intends to
exercise the right of withdrawal. The Buyer must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate either a phone number where they can be reached, and the details of the banking account the refund of the sum paid will be paid into.
5. To observe the withdrawal period, it is sufficient to send the notification of exercising of the right of withdrawal before the expiry of the withdrawal period.
6. Once the notification of withdrawal has been received, Alce Nero S.p.A. will notify the Buyer of the address to ship the products to be returned to and the authorisation to the refund of the products.
7. The Buyer must send the product carefully packed in its original packaging, with all of its original content, to the address notified. The Buyer must send the package via Courier or delivery to the seller or a third party authorised by them within 14 days from the notification of withdrawal from the contract to Alce Nero S.p.A. Upon receipt of the products or until the Buyer has proven that they have returned the goods, if this situation occurs first, Alce Nero S.p.A. will refund the Buyer the amount paid. For the purposes of the expiry of the period, the goods are deemed to have been returned when delivered to the accepting post office or courier.
8. In the event of exercising the right of withdrawal in fourteen days pursuant to Art. 64 paragraph 1 of Legislative Decree No. 206/2005 and subsequent amendments and additions, the costs incurred by the Buyer to return products to Alce Nero S.p.A. are borne by the Buyer.
9. In the event of exercising the right of withdrawal within 14 days pursuant to Art. 64 paragraph 1 of Legislative Decree No. 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
10. In the case of exercising the right of withdrawal within 14 days pursuant to Art. 64 paragraph 1 of Legislative Decree No. 206/2005 and subsequent amendments and additions, Alce Nero S.p.A. will refund the sums paid by the Buyer within 14 days from the day on which it is informed of the Buyer’s decision to withdraw from the contract using the same payment method as the Buyer used for the initial transaction, unless other arrangements have been expressly agreed with the Buyer.
11. The refund may be suspended until receipt of the goods or until proof has been provided of having returned the goods, whichever occurs first.
Art. 10 – Prices
1. All sales prices of the products displayed and indicated on the website www.monogranofelicetti.it are offered to the public pursuant to Art. 1336 of the [Italian] Civil Code.
2. The Buyer will pay Alce Nero S.p.A. the price indicated for products purchased in the online catalogue when the Buyer has completed the order. This price will be expressed in euros and includes VAT.
3. The delivery costs of products, where provided at the expense of the Buyer will be applied according to the prices indicated in the special section published on the website www.monogranofelicetti.it, which the Buyer has read before ordering.
4. The prices of products can be updated and therefore are subject to changes daily.
5. There are no minimum order amounts.
Art. 11 - Contribution to delivery costs
1. The Buyer will pay Alce Nero S.p.A., by way of a contribution to the delivery costs, the fixed amount of €8.00 for amounts up to €49.99; no transport costs will be charged for amounts over €49.99.
Art. 12 - Promotions and gifts
1. Any promotions proposed, and the offer of any complimentary products are valid until stocks of the products run out and within the purchase limits indicated on the website and www.monogranofelicetti.it. Promotion products may be delivered in promotional packages that differ from those published on the website www.monogranofelicetti.it.
2. Discount codes possibly received are not cumulative and do not apply to transport costs, other promotions already in progress and the calculation of the minimum purchase threshold to get free delivery.
3. No replacements or returns are possible in relation to any products received by the Buyer as a gift.
Art. 13 - Liability
1. Alce Nero S.p.A. does not assume any liability for disruptions due to force majeure of any type or kind, if it does not manage to deliver by the deadlines agreed in the contract.
2. The following are causes of force majeure, by way of example and not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as decisions by public authorities, a strike by its own employees or by the carriers Alce Nero S.p.A. uses, as well as any other circumstance which is outside of its control.
3. Without prejudice to the provisions of Art. 8 of EU Directive 97/7 and Art. 56 of Legislative Decree No. 206/2005 and subsequent amendments and additions, Alce Nero S.p.A. does not assume any liability for fraudulent use possibly made by third parties of the credit card data provided by the Buyer.
4. Alce Nero S.p.A. cannot be held liable, except in the case of malice or gross negligence, for inefficiency or malfunctions related to the use of the Internet beyond its control or that of its subsuppliers.
5. Alce Nero S.p.A will also not be liable for damages, losses and costs incurred by the Buyer following the failure to execute the contract for reasons which are not attributable to it, and the Buyer only has the right to a full refund of the price paid and any extra charges incurred.
Art. 14 – Payment methods and invoicing
1. The Buyer will pay for the products ordered using one of the following methods: credit card (also prepaid) and/or PayPal.
2. Alce Nero S.p.A. accepts the following credit cards: Visa, VPay, Visa Electron, Mastercard and Maestro.
3. Once the payment method has been selected, the Buyer will be directed to the relevant site (Setefi Intesa San Paolo or PayPal) to perform the transaction and complete the payment.
4. The payment will include the costs for the delivery contribution, where provided, at the expense of the Buyer according to the terms of the offer published on the website www.monogranofelicetti.it
5. Alce Nero S.p.A. will only send the invoice by email to the address indicated in the order to registered Buyers with a VAT number. For all others, an order confirmation email is valid as a receipt.
6. The indications provided by the Buyer when ordering will be used for the issuance of a tax document. No changes can be made after the issuance of the tax document. To this end, the Buyer undertakes to carefully check the data entered when ordering, as they will be used for the accounting entries.
Art. 15 – Termination of the Contract and Express Termination Clause
1. The obligations assumed by the Buyer in Art. 2 above (Buyer’s obligations), as well as the guarantee of the successful payment that the Buyer must make, are essential, so that, by express agreement, the non-fulfilment by the Buyer of only one of said obligations will lead to the legal termination of the contract pursuant to Art. 1456 of the [Italian] Civil Code, without the need for a court decision, without prejudice to the right of Alce Nero S.p.A. to take legal action for compensation of further damage.
Art. 16 – Safety
1. Online transactions with credit cards and PayPal are performed on their websites via secure servers that use the Secure Socket Layer (SSL) protection system. This protocol allows communication in a manner designed to prevent the interception, modification or falsification of information.
2. Pastificio Felicetti S.r.l. and Alce Nero S.p.A never know customer Credit Card or PayPal account data.
Art. 17 – Changes
1. Pastificio Felicetti S.r.l. and Alce Nero S.p.A. reserve the right to change these terms and conditions at any time, by posting the version updated from time to time on the website and www.monogranofelicetti.it.
2. Any new clauses will be effective for purchases made after the change date.
Art. 18 – Applicable law
1. This contract is governed by Italian law. These terms and conditions refer, for that not expressly provided therein, to Legislative Decree No. 206/05 and any subsequent amendments and additions.
Art. 19 - Jurisdiction
1. Any dispute relating to the application, execution, interpretation of this contract concluded online via the website www.monogranofelicetti.it is subject to Italian jurisdiction.
2. Disputes arising between the parties in relation to this contract fall under the jurisdiction of the courts of the place of residence or domicile of the Buyer if located in the territory of the Italian State.
3. If the Buyer’s residence or domicile are not located in the territory of the Italian State, disputes fall under the jurisdiction of the place the goods were delivered to.
Art. 20 - Protection of confidentiality and processing the Buyer’s data
1. Pastificio Felicetti S.r.l. and Alce Nero S.p.A., respectively autonomous controllers of the Buyer’s data, protect the privacy of their customers and ensure that the data is processed in compliance with the privacy regulations referred to in Legislative Decree No. 196/2003 and EU Regulation 679/2016.
2. Personal and tax data acquired directly and/or through third parties from Pastificio Felicetti S.r.l. and Alce Nero S.p.A., autonomous data controllers respectively, are collected and processed in paper, electronic and telematic form in relation to the processing method with the purpose of recording the order and activating the procedures for the implementation of this contract in respect of the order and the relevant necessary notifications, in addition to fulfilling any legal obligations as well as allowing effective management of trade relations as far as is necessary to best carry out the requested service (Art. 24, paragraph 1(b), Legislative Decree No. 196/2003 and Art. 6 of EU Regulation 679/2016).
3. Pastificio Felicetti S.r.l. and Alce Nero S.p.A. undertake to process the data and information forwarded by the Buyer as confidential and not to disclose it to unauthorised persons or use them for purposes other than those for which they were collected or pass them on to third parties. These data can only be produced at the request of court authorities or another legally authorised authority.
4. The personal data will be communicated after signing a confidentiality agreement concerning the data, only to persons delegated to perform the activities necessary for the execution of the contract and communicated exclusively within the scope of this aim.
5. As regards your personal information, we inform you that you can exercise the rights provided for by Art. 15 et seq. of EU Regulation 679/2016, as well as Art. 7 of the Privacy Code, shown below:
5.1 Access to the following information:
a. purpose of data processing,
b. categories of personal data in question,
c. recipients or categories of recipients to whom such personal data have been or will be communicated, in particular if recipients from third countries or international organisations,
d. existence of the right of the person concerned to ask the data controller to correct or delete personal data or limit the processing of personal data that concern them or object to their processing;
5.2 Correction, meaning:
a. correction of incorrect personal data which concern you without undue delay,
b. integration of incomplete personal data, also providing a supplementary declaration;
5.3 removal of data concerning you without undue delay, if:
a. the data are no longer needed in relation to the purposes for which they were collected or otherwise processed,
b. a revocation of consent is formulated and there is no other legal basis for the processing,
c. you object to the processing and there is no legitimate prevailing reason to proceed with processing,
d. the personal data have been illegally processed,
e. personal data must be deleted for compliance with a legal obligation,
f. personal data have been collected in relation to the company’s offer of information services;
5.4 limitation of processing:
a. if the accuracy of the personal data is disputed for the period necessary for the data controller to verify the accuracy of such personal data
b. when the processing is illegal, and the person concerned objects to the deletion of the personal data and asks instead that it be used in a limited way,
c. when personal data are necessary for the person concerned for the establishment, exercising or defence of a right in court proceedings, although the controller no longer needs them for processing purposes,
d. if you object to processing by exercising your right to object;
5.5 Receive notification in the event of a correction or deletion of personal data or limited processing;
6. Data portability, i.e. the right to receive personal data that concern you in a structured, commonly used and readable format by an automatic device and you have the right to forward such data to another data controller if:
a. the processing is based on the consent of the person concerned for one or more specific purposes or occurs as the result of a contract signed with the interested party and
b. the processing is performed by automated means;
6. Objection at any time, for reasons related to your particular situation, to the processing of personal data that concern you.
You have the right to lodge a complaint to a supervisory authority if you consider that the rights listed here have not been recognised.
To exercise the rights set out above you can contact the Data controllers, by sending a letter by recorded delivery to the address indicated or an email to the address firstname.lastname@example.org or email@example.com. The communication of personal data by the Buyer is a necessary condition for the proper and timely performance of this contract. Otherwise, it may not be executed at the Buyer’s request.
6. In any event, the data acquired may not be stored for a period of no longer than is necessary for the purposes for which they were collected and then processed. They will be removed securely.
7. More information on privacy & the cookies policy of the website www.monogranofelicetti.it can be found in the appropriate sections.
Art. 21 – Procedures for archiving the contract
1. Pursuant to Art. 12 of Legislative Decree No. 70/2003, Pastificio Felicetti S.r.l. and Alce Nero S.p.A. hereby inform the Buyer that every order sent is digitally stored at the respective head offices of Pastificio Felicetti S.r.l. and Alce Nero S.p.A. according to confidential and secure criteria.