(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
1. Introduction and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, the ‘General Terms and Conditions’) govern the purchase of products and services, made at a distance and made available, via the Internet, from the website www.bioreggiani.com (hereinafter, the ‘Site’) in compliance with the Italian regulations set forth in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the ‘Consumer Code’).
The seller of the products and owner of the Site is: Caseificio BioReggiani with registered office in Via Francesco Baracca, 6/a 41013 Castelfranco Emilia (MO), C.F 00171110364 / P.I. 02719390367 E-mail address: [email protected]
The consumer who accesses the Site to make purchases (hereinafter referred to as the ‘Customer’) is obliged, before sending the order, to carefully read these General Terms and Conditions that have been made available to him/her on the Site and that will be available for consultation at any time by the Customer also through the link contained in the confirmation email of each order to allow him/her to reproduce and memorise them.
2. Choosing and Ordering Products
The characteristics and price of the various products for sale on the Site (hereinafter referred to as the ‘Product’ or ‘Products’) are shown on the page relating to each Product.
To purchase Products, the Customer shall fill in and send the order form in electronic format, following the instructions on the Site. The Customer shall add the Product to the “Shopping Cart” and, after having read the General Conditions and Privacy Policy and confirmed their acceptance, shall enter the shipping and invoicing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she fully accepts the transcribed General Terms and Conditions and Payment Conditions.
The contract stipulated between Caseificio BioReggiani and the Client must be considered concluded with the acceptance of the order by Caseificio BioReggiani. This acceptance is communicated to the Client through an email confirmation of the order itself containing a reference to these General Conditions, the order number, the shipping and invoicing data, the list of the Products ordered with their essential characteristics and the total price, including delivery charges.
Una volta ricevuto l’ordine, Caseificio BioReggiani verificherà la disponibilità degli stock per l’evasione dell’ordine stesso. Nel caso in cui uno o più Prodotti non risultassero disponibili, il Servizio Once the order has been received, Caseificio BioReggiani will verify the availability of stock for the execution of the order itself. In the case in which one or more Products do not result available, the Customer Service of Caseificio BioReggiani will send timely communication via email to the Customer who, within the successive 24 hours, will have the faculty to answer in order to confirm the shipment of the eventual ulterior Products available or to cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be put into shipment. If only a few Products are not in stock, Caseificio BioReggiani will process the order with the available Products. In both cases, the amount related to the missing Products will be cancelled immediately according to the payment method chosen.
3. Product Information
Information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. 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 their characteristics and quality but may differ in colour and size. In the event of a difference between the image and the written product description sheet, the product description sheet shall always prevail.
4. Prices and Shipping
Product prices include all taxes and duties. All prices are in Euro.
Shipping to Italy:
Throughout Italy, shipping is entrusted to the courier GLS; the cost of shipping is proportional to the weight ordered.
5. Payment and Invoicing
5.1 Payment Methods
The Customer may pay the price of the Products and the related delivery costs by PayPal, Stripe and Cash on Delivery.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment with his/her bank account or using a card, even a prepaid card, or in any case in accordance with the modalities accepted by PayPal and in compliance with its conditions.
Paypal accepts the following credit cards: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura and Discover.
For further information on prepaid cards, please refer to Paypal’s terms and conditions.
Mark
This payment method is only available for shipments within Italy. Payment will be made upon receipt of the Products and can only be made in cash for orders up to 150€.
5.2 Invoicing of Orders
If the purchase is made by a professional, an invoice will be issued. In that case, the invoice will be sent by email to the specified address. The professional is responsible for the correct input of the invoice data.
6. Transport and delivery
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate field.
N.B. All purchases will be shipped by express courier from Monday to Wednesday, excluding public holidays and national holidays in Italy. Orders received from Wednesday Afternoon to Sunday will be shipped from Monday of the following week (except in exceptional cases). Why this choice? To be able to guarantee and maintain maximum product quality during transport, thus avoiding possible stocks in the warehouse during weekends.
Caseificio BioReggiani is not liable for unforeseeable delays or delays not attributable to it.
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 following the day in which Caseificio BioReggiani confirmed the order to the Customer by means of an order confirmation email.
7. Right of Withdrawal
The Customer has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Caseificio BioReggiani a communication within 14 days from the date of receipt of the Products using the form downloadable here.
Such notice shall be sent by registered letter with acknowledgement of receipt, addressed to:
Caseificio BioReggiani
VIa Francesco Baracca 6/a
41013 Castelfranco Emilia (MO)
The Customer Service of Caseificio BioReggiani will provide, once received the communication, to open a file for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Caseificio BioReggiani itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
II. In the event that the right of withdrawal is exercised Caseificio BioReggiani will reimburse the customer the full amount of the returned goods, within 14 days from the date the notice of withdrawal was received, without prejudice to Caseificio BioReggiani’s right to suspend payment of the reimbursement until the actual receipt of the goods. The reimbursement will be made using the same method of payment used by the Customer, unless the latter has expressly requested a different method.
III. Also in order to be able to guarantee free of charge the return pursuant to Article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Foreword (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Art. 59 of Legislative Decree 21/2014:
- order of customised or clearly customised products;
- order of products that are likely to deteriorate or expire rapidly;
- order of sealed Products that are not suitable for return for hygienic or health protection reasons or that have been opened after delivery.
Con riferimento ai casi di esclusione del recesso sopra elencati il With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk to deteriorate or expire rapidly” include all food Products (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only to Products purchased on the Website which can be returned to Caseificio BioReggiani and put back on the market without danger to the health of consumers (such as kitchen utensils, etc.).
In cases where the right of withdrawal is excluded, Caseificio BioReggiani will return the purchased Products to the Customer, charging him/her for the shipping costs.
We remind the customer that in the event that the sealed and packaged products show alterations or problems of any kind, it is necessary to promptly contact the Caseificio BioReggiani Customer Service to communicate the problem encountered to [email protected] or by calling 051 0017011.
8. Free Returns in the Event of Exercise of the Right of Withdrawal
As a more favourable condition for the Customer, Caseificio BioReggiani retains full responsibility for the shipping costs for the return of the Products in the event of exercising the right of withdrawal.
In order to benefit from this free shipment, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Caseificio BioReggiani to agree on the return of the Products to the courier.
9. Warranty and Conformity Defects
In the event of conformity defects of Products sold by Caseificio BioReggiani the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site through the “Contacts” page.
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at its own choice and provided that the type of Product allows it, to the restoration, without expense, of the conformity of the Product through repair or replacement, or to an adequate reduction of the price or to the termination of the contract. The Customer shall forfeit these rights if he does not report to Caseificio BioReggiani the conformity defect within the term of two months from the date in which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration in a shorter term, in which case the defect must be reported within this reduced term.
10. Errors and Limitations of Liability
The information on the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Caseificio BioReggiani cannot therefore be held responsible, except in the case of malice or gross negligence.
Caseificio BioReggiani reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Terms and Conditions and the Consumer Code.
Except in the event of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or to the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or non-fulfilment, even partial, of an order, is excluded.
Caseificio BioReggiani promotes the responsible consumption of alcoholic beverages and excludes any liability on its part, except in cases of wilful misconduct or gross negligence, in the case of purchases made by persons under 18 years of age.
11. Complaints
Any complaints must be forwarded to Caseificio BioReggiani using the special contact form accessible directly on the website via the “Contacts” page, or by telephoning +39 051 0017011 (from abroad +39 051 0017011), operating from Monday to Thursday, from 9.00 to 13.00 and from 14.00 to 18.00, Friday from 9.00 to 13.00 and from 14.00 to 16.30, excluding holidays.
Caseificio BioReggiani undertakes to respond to all requests received within a maximum of 7 working days.
12. Online consumer dispute resolution (ODR)
If you are a European consumer, you should be aware that the European Commission has made a dedicated alternative dispute resolution tool available to all European residents. To access the platform click here.
13. Applicable Law and Jurisdiction
The sales contract between the Customer and Caseificio BioReggiani is concluded in Italy and governed by Italian Law. For the solution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer as defined by the Consumer Code, the court of his place of residence or domicile if located in the Italian territory will have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of Modena any other jurisdiction excluded.***In accordance with Article 1341 of the Italian Civil Code, the Customer declares having read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors – exclusions of liability)