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General conditions of sale
These General Conditions of Sale (hereinafter "General Conditions") have as their object the discipline of the purchase of products and services, carried out remotely and made available via the internet on the Website www.latteriaduemadonne.com belonging to Soc. Agr. . Maramotti Lombardini S.r.l. - Datter Dairy Due Madonne (hereinafter, "Latteria Due Madonne").This site is owned by: Soc. Agr. Maramotti Lombardini S.r.l. - Due Madonne Dairy Company
Registered office: via Miselli, 83 - 42124 Reggio nell'Emilia
C. F. and P.I. 01250730353
P.e.c .: agricolamaramottilombardini@legalmail.it
The site was created for the sale of food and non-food products, in compliance with the Italian legislation on distance contracts pursuant to Legislative Decree no. 70/2003 and Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The sale is regulated by these General Conditions. The consumer who accesses the Site to make purchases (hereinafter, "Customer") is therefore invited, before sending the order, to carefully read the General Conditions of Sale as identified above and the information contained therein and to print or save them on other durable medium accessible to him.
Purchase procedure
1) The Customer can purchase the products, detailed in the e-commerce area of the Site (www.latteriaduemadonne.com) within the respective sections by category, as described in the relevant information sheets contained on the Site, respecting the technical procedures of access illustrated there. The publication of the packages displayed on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and full acceptance of these General Conditions of Sale.
The language available for concluding the contract is Italian.
The correct receipt of the Customer's proposal is confirmed by Latteria Due Madonne by an automatic reply sent to the email address communicated by the Customer. This answer only confirms the correct receipt of the proposal within the information systems.
2) The Customer has the right to modify or cancel the order, exclusively by sending a communication to the e-mail address ordini@latteriaduemadonne.com specifying the reason, no later than 10 hours from the order confirmation.
Acceptance of the general conditions of sale
3) The contract stipulated between Latteria Due Madonne and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Latteria Due Madonne. This acceptance is considered tacit, unless otherwise communicated in any way to the Customer.
4) If the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure is concluded, he will print or save an electronic copy and in any case keep these conditions sales conditions, in compliance with the provisions of Italian legislation on distance contracts.
In the event that the person making purchases on the Site requests the issuance of an invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the discipline of withdrawal pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".
5) The Customer's right to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance or fulfillment, even partial, of an order.
Some of the products offered for sale are alcoholic beverages. The purchase of alcoholic beverages is reserved exclusively for individuals over the age of 18.
Latteria Due Madonne promotes the responsible consumption of alcoholic beverages and excludes any liability on its own in the case of purchases made by minors under the age of 18.
6) The order sent by the Customer to Latteria Due Madonne through the Internet must be completed in its entirety and must contain the elements necessary for the identification of the Customer and the packages ordered and the indication of the place of delivery, under penalty of his nullity.
7) By sending the order, in the various ways provided by the operating instructions of the Site, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the General Conditions and payment described below.
Product information - Prices - Shipping costs - Product availability.
8) Information and characteristics relating to the Products are available on the Site. All product prices, expressed in Euros, are clearly indicated on the Site and are inclusive of VAT.
Shipping costs are calculated at the time of the order and are variable based on the number of products, their weight and the destination address.
9) The prices of the products, as shown on the Site, are subject to change at any time and without notice, it being understood that, limited to orders being accepted or accepted as above by Latteria Due Madonne, the current conditions of sale will apply at the time of sending the order by the Customer, except for orders not accepted, as per paragraph in point 3.
10) The product catalog includes goods with variable weight, for which the purchase method takes place as follows:
a) the customer chooses the type of product, the size and the number of pieces;
b) the Customer concludes the order by indicating the payment method, chosen from cash on delivery ( payment on delivery - for a maximum amount of the order up to € 1000 ), bank transfer , credit card ;
c) Latteria Due Madonne confirms receipt of the order by sending a specific email to the customer;
d) once the order is received, Latteria Due Madonne will process it, verify the real weight of the goods and promptly notify the Customer indicating the actual weight and the relative price to pay;
e) in the case of cash on delivery, after the communication referred to in letter c), the shipment will proceed. In the case of payment by bank transfer, the user, after receiving the amount to be paid by email, will have to make the payment by giving subsequent communication. The order will be processed only once the credit on the Latteria Due Madonne bank account has been verified.
If payment is made by credit card, see the paragraph "Payments by credit card".
11) As a rule, Latteria Due Madonne undertakes to deliver the ordered product to the courier within two / three working days of receipt of payment (or from receipt of the order in case of cash on delivery).
Courier delivery times are within 24 / 48h of receipt of the product, with the exception of some particularly disadvantaged locations.
The pick-up, preparation and packaging times may vary according to the type, availability, packaging of the product or the period of the year (e.g. pre-Christmas period). In this case, Latteria Due Madonne undertakes to promptly notify the Customer to obtain its approval to proceed with the shipment.
In the summer, in order to ensure the best possible conservation of the product, the times may vary with the sole purpose of decreasing the days of storage at the courier (e.g. on holidays / weekends).
Refunds for products paid for but not shipped, in whole or in part, will be made by Latteria Due Madonne in the shortest possible time.
12) Once the order is received, Latteria Due Madonne will check the availability of the stocks for the order fulfillment. In the event that one or more Products are not available, Latteria Due Madonne will send timely communication via email to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any further available Products or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be shipped. In this case the entire amount relating to the missing Products will be reversed or in any case, depending on the chosen payment method, it will not be charged to the Customer.
13) The visual representation of the packages on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics but differ in color, size, accessory products shown in the figure.
In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
Methods of payment
14) Payments in execution of the Purchase Agreements stipulated through the Site may be made by credit card, cash on delivery, bank transfer. The customer at the time of conclusion of the Purchase Agreement, after checking the summary of the order and carrying out the necessary checks, will confirm the operation. At this point, in payments made by credit card, the customer's browser is automatically redirected to the designated site (Banca Sella) for payment, reporting the summary data of the order and the parameters necessary for the completion of the transaction. The browser connects to the secure page containing a mask in which the customer must enter the data relating to his credit card with which he intends to make the payment.
Payments by credit card
15) In cases of purchase of goods by credit card payment method, at the same time as the conclusion of the online transaction, the reference banking institution will authorize only the commitment of the amount relating to the purchase made.
< br /> 16) In case of cancellation of the order, both by the Customer and in the case of non-acceptance of the same by Latteria Due Madonne, Latteria Due Madonne will be requested at the same time to cancel the transaction and release the amount committed.
The release times, for some types of cards, depend exclusively on the banking system and can reach their natural expiry (typically 24-25 days from the date of authorization).
Once the transaction has been canceled, in no case can Latteria Due Madonne be held liable for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the banking system.
17) For greater customer safety and security, at no time during the purchase procedure Latteria Due Madonne is able to know the information relating to the buyer's credit card, transmitted via a secure connection directly to the website of the banking institution that manages the transaction (Banca Sella).
No computer archive of Latteria Due Madonne will keep this data.
In no case can Latteria Due Madonne be held liable for any fraudulent and undue use of credit cards by third parties when paying for products purchased on www.latteriaduemadonne.com
18) For greater customer protection, moreover, the website of the banking institution that manages the transaction has been equipped with 3D Secure anti-fraud protection systems. For this reason, during the payment phase, after entering the requested data, a pop-up window will appear where you just need to enter your personal password to complete the payment.
Deliveries and documentation
19) All deliveries of products will be at the risk of Latteria Due Madonne. The risk will be transferred to the Customer upon delivery of the products to the Customer by the shipper, the carrier or other agent appointed by Latteria Due Madonne for delivery.
20) Unless explicitly indicated by the customer, delivery is meant at street level.
Right of withdrawal
21) Pursuant to Legislative Decree 06/09/05 N ° 206, the consumer customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within 14 days of delivery of the products .
To exercise this right, the customer must send written communication by registered letter with acknowledgment of receipt to Soc. Agr. Maramotti Lombardini S.r.l. - Datter Dairy Due Madonne, via Miselli, 83 - 42124 Reggio nell'Emilia. or to the dedicated e-mail address ordini@latteriaduemadonne.com indicating the product or products for which it intends to exercise the right of withdrawal, provided that it is intact.
Once the aforementioned notice of withdrawal has been received, Latteria Due Madonne will promptly communicate to the Customer the instructions on how to return the goods.
22) The right of withdrawal is however subject to the following conditions:
the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
order of Products made to measure or clearly personalized;
order of Products that are liable to deteriorate or expire rapidly;
order of sealed products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery.
the purchased good must be intact.
By law, the shipping costs for returning the goods are charged to the customer;
The shipment, until the certificate of receipt by Latteria Due Madonne, is under the full responsibility of the customer;
In case of damage to the goods during transport, Latteria Due Madonne will notify the customer of the incident, to allow him to promptly file a complaint against the courier chosen by him and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
Latteria Due Madonne is not responsible in any way for damage or theft and / or loss of goods returned by uninsured shipments.
23) Latteria Due Madonne will refund the customer the full amount already paid, within 30 days of the return of the goods, by reversing the amount charged to the credit card or by bank transfer. In the latter case, the customer will promptly provide the bank details on which to obtain the refund (Code ABI - CAB - Current account of the account holder).
24) The right of withdrawal is lost for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where Latteria Due Madonne ascertains:
- the lack of the external packaging and / or the original internal packaging;
- the absence of integral elements of the product;
- damage to the product for reasons other than its transport.
In case of forfeiture of the right of withdrawal, Latteria Due Madonne will return the purchased good to the sender, charging the shipping costs to the sender.
Errors and limitations of liability
25) The information relating to the Products provided through the Site are constantly updated. However, it is not possible to guarantee the complete absence of errors for which Latteria Due Madonne cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.
Latteria Due Madonne reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior communication, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.
Except for willful misconduct or gross negligence, any Customer's right to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and / or things, caused by non-acceptance or evasion, even partial , of an order.
Complaints
26) Any complaints must be addressed to Soc. Agr. Maramotti Lombardini S.r.l. - Due Madonne Dairy Company, via Miselli, 83 - 42124 Reggio Emilia.
Applicable law
The sales contract between the customer and Latteria Due Madonne is concluded in Italy and regulated by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference hole of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Reggio Emilia.